D'Ambrosio v. Bagley, No. 10-3247 (6th Cir. 2011)
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In 1988 defendant was convicted of aggravated murder, aggravated felony murder, kidnapping, and aggravated burglary, and sentenced to death. A federal district court concluded that the prosecution had failed to disclose exculpatory evidence in violation of Brady v. Maryland and granted a conditional writ of habeas corpus, requiring the state either to set aside the convictions and sentences or conduct another trial within 180 days. The Sixth Circuit affirmed. About a week before retrial was to begin, the prosecutor notified defense counsel of additional evidence, including blood and soil samples. Defense counsel sought additional time. The court changed the scheduled trial date, which was within the 180 days, to May 4, 2009, which was not. The district court denied the state's motion for more time, issued an unconditional writ, ordered expungement of defendant's record, but declined to bar reprosecution. On remand, following the death of the state's key witness, the district court barred reprosecution.The Sixth Circuit affirmed. The district court continued to have jurisdiction, despite the fact that defendant was no longer incarcerated, based on the collateral consequence: the threat of reprosecution.
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