Breakiron v. Horn
2011 U.S. App. LEXIS 7885
| 3rd Cir. | 2011Background
- Breakiron killed a bartender and stole money from Shenanigan's bar in 1987; he was convicted of first‑degree murder and robbery with the murder aggravator for robbery; Brady evidence withheld by prosecutors was found to be material to the murder conviction; on habeas review, the district court invalidated the murder conviction but did not disturb the robbery conviction; Commonwealth prepared to retry for murder; Breakiron challenges the robbery conviction on Brady and related claims; on appeal, court restores relief related to the robbery conviction and remands for relief on that count; court analyzes Brady materiality, failure to request theft instruction, and voir dire corrective action; court ultimately reverses to grant habeas relief as to robbery conviction and remand for that relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Brady materiality to robbery conviction | Breakiron argues Brady evidence was material to robbery | Commonwealth argues Brady materiality did not affect robbery | Yes; Brady materiality applies to robbery; relief granted |
| Failure to request theft instruction | Breakiron—counsel should have requested theft instruction | Commonwealth—no such argument presented | Yes; failure was deficient and prejudicial, de novo review shows reasonable probability of theft verdict alone |
| Corrective action at voir dire | Counsel failed to challenge juror exposed to Gerba’s statement | Trial strategy justified no mistrial/strike | Yes; counsel's performance deficient; prejudice shown under Strickland in objectively evaluating probable jury impact |
| Cumulative impact of errors | Cumulative errors denied fair trial | Errors collectively non-prejudicial | Granted relief on robbery conviction and remanded for disposition on that basis |
Key Cases Cited
- Brady v. Maryland, 373 U.S. 83 (U.S. 1963) (pretrial suppression of favorable evidence violates due process)
- Giglio v. United States, 405 U.S. 150 (U.S. 1972) (impeachment evidence must be disclosed)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (standard for ineffective assistance of counsel)
- Beck v. Alabama, 447 U.S. 625 (U.S. 1980) (optional lesser-included offense instructions necessary under some circumstances)
- Keeble v. United States, 412 U.S. 205 (U.S. 1973) (permitting lesser-included offenses to be charged when supported by evidence)
- Beck v. United States, 447 U.S. 625 (U.S. 1980) (same as above (note in list))