Milke v. Ryan
2013 U.S. App. LEXIS 5102
| 9th Cir. | 2013Background
- Milke, convicted in 1990 of murdering her four-year-old son and sentenced to death, based largely on Detective Saldate’s testimony that Milke confessed; the prosecution offered no corroborating physical evidence or co-conspirator testimony; Saldate had a documented history of lying under oath and misconduct that was not disclosed to Milke or the jury; Brady and Giglio obligations required disclosure of impeachment evidence, which the state failed to meet; post-conviction proceedings uncovered suppressed impeachment materials and court orders reflecting Saldate’s misconduct; the district court and Arizona courts failed to remedy the Brady/Giglio violations, prompting federal habeas relief and remand for a conditional writ.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Brady/Giglio violations in withholding impeachment evidence | Milke asserts suppression of Saldate impeachment materials prejudiced trial | Milke fails to show material impeachment evidence existed | Brady/Giglio violated; material impeachment evidence suppressed; prejudicial |
| AEDPA standard and state-court deference | State court misapplied federal law; denial not entitled to AEDPA deference | State court decision reasonable under AEDPA standards | State-court decision not entitled to AEDPA deference; relief available |
| Prejudice under Brady/Giglio | Suppressed evidence could have undermined Saldate’s credibility, altering guilt or penalty | But-for test not met; Milke could still be guilty based on other evidence | Suppression caused prejudice; reasonable probability of different result |
| Admission of the confession and illegality of obtained statements | Confession obtained via improper interrogation; Miranda violations and lack of recording tainted verdict | Confession voluntary; no independent corroboration | Confession likely unlawfully obtained; judgment set aside on that ground |
Key Cases Cited
- Brady v. Maryland, 373 U.S. 83 (U.S. 1963) (duty to disclose favorable evidence including impeachment evidence)
- Giglio v. United States, 405 U.S. 150 (U.S. 1972) (impeachment evidence material to credibility must be disclosed)
- Bagley v. United States, 473 U.S. 667 (U.S. 1985) (impeachment evidence and materiality standard for suppression)
- Strickler v. Greene, 527 U.S. 263 (U.S. 1999) (three elements of Brady violation; favorable evidence; suppression; prejudice)
- Kyles v. Whitley, 514 U.S. 419 (U.S. 1995) (duty to disclose favorable evidence; impact on outcome; prosecutor’s knowledge)
- Donnelly v. DeChristoforo, 416 U.S. 637 (U.S. 1974) (egregious misconduct language related to Brady)