Ellswsorth Colbert v. United States, 125 A.3d 326

On March 4, 2012, Robert Wright and a companion walked by Ellsworth Colbert’s home; a confrontation ensued in which Wright carried a shovel and Colbert a walking stick and a small knife. Wright later collapsed and died from multiple stab wounds.
At trial Colbert asserted self‑defense; eyewitnesses described mutual fighting, a period behind a bush where views were obscured, and Wright later stumbling and falling. Medical testimony established a fatal chest stab wound.
Mid‑trial prosecutors obtained a North Carolina police file showing a 1998 conviction of a Robert Wright for assault with a deadly weapon; earlier the government had provided an NCIC printout and defense counsel had sought only a stipulation about the conviction.
The parties stipulated to the North Carolina conviction and that Wright used a gun in that offense; the defense did not request the full police file or additional time to investigate and did not move to compel disclosure at trial.
Colbert argued on appeal that the government violated Brady by withholding the North Carolina police file and that the trial court gave an inadequate response to a jury question about timing of elements; the court reviewed any unpreserved Brady claim for plain error.

Issue	Plaintiff's Argument (Colbert)	Defendant's Argument (Government)	Held
Brady nondisclosure of NC police file	File was in government possession mid‑trial and contained exculpatory/impeachment material; disclosure could have produced live witnesses and altered the verdict	Defense counsel accepted a stipulation and never requested the file; contents were not shown to be material to create a reasonable probability of a different outcome	No plain error: Colbert failed to show the file’s contents were material given other evidence of Wright’s violent history and the stipulation; conviction affirmed
Jury instruction on timing of elements	Court should have instructed that manslaughter elements must be true at the same time; timing was critical (pre‑ and post‑shovel incidents)	Trial court appropriately told jurors to re‑read instructions and focus on timing language; no clear indication of juror confusion about a specific element	No plain error: court’s response was within discretion, adequately directed jurors to existing timing language, and did not prejudice Colbert

Brady v. Maryland, 373 U.S. 83 (1963) (prosecution must disclose materially exculpatory evidence)
Strickler v. Greene, 527 U.S. 263 (1999) (Brady materiality standard and test)
United States v. Bagley, 473 U.S. 667 (1985) (reasonable‑probability standard for materiality)
Sykes v. United States, 897 A.2d 769 (D.C. 2006) (undisclosed witness testimony can be material when live testimony would affect credibility determinations)
United States v. Olano, 507 U.S. 725 (1993) (plain‑error review for unpreserved claims)