Montgomery v. Bobby, No. 07-3882 (6th Cir. 2011)
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Petitioner, convicted of 1986 Ohio murders and sentenced to death, obtained a writ of habeas corpus pursuant to 28 U.S.C. 2254 on the ground that an exculpatory pretrial police report, in which witnesses claimed to have seen one of the victims alive several days after her alleged murder, violated the Brady rule. The Sixth Circuit reversed the issuance of the writ and rejected petitioner's other arguments, including those based retention of a juror undergoing psychiatric treatment, denial of a venue change in light of negative pretrial publicity. In light of all of the evidence, the Ohio court did not unreasonably apply Brady when it rejected a claim based upon the undisclosed police report, which would not have created a reasonable probability of a different result.
This opinion or order relates to an opinion or order originally issued on September 29, 2009.
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