United States of America Ex Rel. Lawrence Smith, Cross v. James W. Fairman and Neil F. Hartigan, Cross-Appellees

FLAUM, Circuit Judge.

Respondents appeal from the district court’s order granting petitioner Lawrence Smith’s petition for a writ of habeas corpus on the ground that the State violated the dictates of Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963), by failing to provide petitioner with a police firearms worksheet prior to his trial. Petitioner, seeking a complete reversal of his conviction rather than the new trial ordered by the district court, appeals from the district court’s conclusion that the State’s evidence was not insufficient to establish petitioner’s guilt…