MacKabee v. United States
29 A.3d 952
D.C.2011Background
- January 20, 2007 shooting at Club 1919; Mackabee convicted of second-degree murder while armed and related offenses.
- Defense raised Brady claims concerning late disclosure of exculpatory Green videotaped statement and Swails photo-identification information.
- District court recognized potential Brady issue with Green but declined sanctions; defense cross-examined Green using the videotape.
- Swails identification disclosure was delayed; defense sought sanctions and continuance; court ordered disclosure of Swails’ contact info but denied continuance.
- Swails did not testify; defense could not locate Swails; conviction upheld except for remand to vacate one PFCV conviction.
- Court remanded to vacate one PFCV conviction and affirmed the judgment of conviction otherwise.]
- Note: Government concedes PFCV merge; this is addressed in the rulings on the merger.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Brady violation from Green videotape disclosure | Mackabee argues government suppressed exculpatory Brady material | Government contends delay did not prejudice defense | No reversal; delay not shown to be a Brady violation; remand limited to PFCV merger. |
| Brady obligation regarding Swails identification | Swails’s identification information was exculpatory; delay prejudiced defense | Delay did not produce prejudice; information not material | Not suppressed material; no reversal; evidence not likely to change outcome. |
| Whether PFCV convictions merge | Two PFCV convictions for single weapon/act; should merge | Government agrees merge; reversal not required | PFCV convictions merge; remanded to vacate one PFCV conviction. |
Key Cases Cited
- Brady v. Maryland, 373 U.S. 83 (U.S. 1963) (prosecution must disclose exculpatory material)
- United States v. Bagley, 473 U.S. 667 (U.S. 1985) (materiality standard for Brady)
- Kyles v. Whitley, 514 U.S. 419 (U.S. 1995) (prosecutor must disclose information affecting confidence in verdict)
- Strickler v. Greene, 527 U.S. 263 (U.S. 1999) (Brady material must be disclosed in time to be useful)
- Agurs v. United States, 427 U.S. 97 (U.S. 1976) (broad duty to disclose exculpatory information)
- Miller v. United States, 14 A.3d 1094 (D.C. 2011) (mixed question of law/fact; de novo review of legal conclusions)
- Fortson v. United States, 979 A.2d 643 (D.C. 2009) (Brady material test—materiality and prejudice)
- United States v. Douglas, 525 F.3d 225 (2d Cir. 2008) (Brady material disclosed timely or suppressed)