752 F.3d 1142
8th Cir.2014Background
- Masten was convicted of starting a fire at Too Talls Two Eatery and Spirits in violation of 18 U.S.C. § 844(i).
- The fire occurred shortly after bar employees, including Masten, left Too Talls on New Year’s Eve/Jan. 1, 2005; timing evidence was critical to the Government’s theory of guilt.
- A surveillance video and its DVD copy (Exhibit 118) were used to corroborate timing testimony, with questions about whether the DVD fairly depicted the original video.
- Masten proposed that enhanced analysis of the original VHS footage (not the DVD) would show favorable materials hidden on the original recording.
- The district court denied Brady relief after finding no suppression and that the original tape was not buried evidence, and the conviction was affirmed on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Brady suppression of exculpatory evidence | Masten | Masten | Brady not satisfied; no suppression; original VHS not concealed; no material impact |
Key Cases Cited
- United States v. Walrath, 324 F.3d 966 (8th Cir. 2003) (no suppression where defendant had access to evidence beforehand)
- United States v. Femia, 9 F.3d 990 (1st Cir. 1993) (no duty to perform testing; non-exculpatory nature limits Brady duty)
- Villasana v. Wilhoit, 368 F.3d 976 (8th Cir. 2004) (prosecutor not required to anticipate all favorable serendipitous evidence)
- Arizona v. Youngblood, 488 U.S. 51 (1988) (police need not conduct testing to find potentially favorable evidence)
- United States v. Agurs, 427 U.S. 97 (1976) (no constitutional duty to perform missing tests when not exculpatory)
- Strickler v. Greene, 527 U.S. 263 (1999) (materiality requires a reasonable probability of different outcome)