436 F. App'x 554
6th Cir.2011Background
- Dec. 31, 1999: Smith attended two parties; first party at Edwards’ house involved drugs/alcohol and gunfire directed at a neighbor; Long retrieved a semiautomatic gun during the incident.
- After the first party, Smith and Long went to a second party at the Signature Inn where Curtis supplied cocaine and Smith wore a semiautomatic pistol.
- Near midnight, Smith and Glaum returned to Edwards’ house; Long drove them in Glaum’s Mustang when they later stopped on Redfield Road.
- Disputed events at Redfield Road: Smith says Long and Glaum left the car to buy more cocaine; Long testifies Smith directed the stop and gunshots occurred.
- Glaum’s body was found on Redfield Road; eight shots fired; footprints and Nike size 11.5 sneakers were associated with the scene.
- Smith was arrested Jan. 3, 2000; sneakers seized; he gave ten versions to police; Long pled guilty to accessory after the fact and later perjured himself at a preliminary hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Brady suppression of witness perjury | Smith argues prosecutor failed to disclose perjury to impeachment. | State contends delay was not improper and evidence was not material. | Brady claim not satisfied; delay not material and defense had access to facts. |
| Materiality under Brady with delayed disclosure | Delayed disclosure prejudiced trial and allowed self-incriminating evidence. | Delay did not prejudice due to remedial measures and strong other evidence. | Delay not material; remedial recall neutralized prejudice; no Brady violation. |
| Structural error from perjured testimony | Perjured testimony by Long tainted trial requiring relief. | No structural error given overwhelming evidence and curative procedures. | No structural error; verdict not undermined by perjury. |
Key Cases Cited
- Brady v. Maryland, 373 U.S. 83 (U.S. Supreme Court, 1963) (prosecutorial duty to disclose favorable evidence)
- Kyles v. Whitley, 514 U.S. 419 (U.S. Supreme Court, 1995) (materiality requires reasonable probability of a different result)
- Strickler v. Greene, 527 U.S. 263 (U.S. Supreme Court, 1999) (materiality not limited to sufficiency of evidence)
- Napue v. Illinois, 360 U.S. 264 (U.S. Supreme Court, 1959) (false testimony requires setting aside conviction)
- United States v. Agurs, 427 U.S. 97 (U.S. Supreme Court, 1976) (strict materiality standard for false or perjured testimony)
- Jells v. Mitchell, 538 F.3d 478 (6th Cir. 2008) (Brady applies to impeachment and exculpatory evidence)