Clark v. Nagy, No. 18-1885 (6th Cir. 2019)
Annotate this CaseIn 2003, Clark and Harrington were jointly tried for the Martin murder. The only evidence connecting Clark to the crime was the preliminary testimony of Martin’s neighbor, Stewart. At trial, Stewart would not say what she had seen the day of the murder. The prosecutor asked if she was afraid or nervous; she responded she was not. Stewart agreed that she had been threatened but would not say by whom. The prosecutor attempted to refresh her recollection with her testimony from preliminary examinations, but Stewart would not ratify her earlier statements. The judge declared Stewart unavailable and had her preliminary testimony, including cross-examinations, read to the jury. Clark’s attorney, who had not been counsel of record during the preliminary proceedings, was not permitted to cross-examine Stewart. Clark was found guilty. Stewart has recanted. Clark sought habeas relief, based on an exculpatory affidavit from another purported eyewitness, who states that her father, a city police detective, told her not to report what she had seen. Clark was granted permission to file a second or successive habeas petition in light of the alleged Brady violation. The district court, without holding an evidentiary hearing, granted a conditional writ of habeas corpus. The Sixth Circuit reversed. An evidentiary hearing is necessary to determine whether Clark has made out a Brady violation and whether the requirements of 28 U.S.C. 2244(b)(2)(B) of the Antiterrorism and Effective Death Penalty Act of 1996 are satisfied.
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