Case Detail
CitationLeka v. Portuondo, 257 F.3d 89 (2d Cir. 2001)
Pros. First NameUKN
Pros. Last NameUKN
Trial Year1990
BodyAppeals court
OpinionThe Second Circuit Court of Appeals, in reversing the district court's denial of defendant's writ for habeas corpus petition held that: (1) eyewitness evidence of an off-duty police officer who observed the incident from the second-floor window of his apartment was favorable to the defense for Brady purposes; (2) delayed disclosure to the defense of a key witness, who was identified nine days before opening arguments and twenty-three days before the defense began its case, constituted “suppression” for Brady purposes; and (3) eyewitness evidence of an off-duty police officer was material for Brady purposes. "It is not enough for the prosecution to avoid active suppression of favorable evidence; Brady and its progeny require disclosure. We can assume that the prosecutor knew the content of [eyewitness] Garcia's exculpatory testimony. But we need not decide whether the non-disclosure was a deliberate tactical concealment, or resulted from the mismanagement of information, or from sloppy thinking about the evidentiary significance of the material. And we need not decide whether the prosecution appreciated the significance of Garcia's testimony from the beginning, or came to appreciate its significance later at the Wade hearing, or even later, in the midst of trial. It is clear enough, without deciding these questions, that the prosecution failed to make sufficient disclosure in sufficient time to afford the defense an opportunity for use."
Determination Year2001
Misconduct TypeP
C/S EffectReversal of conviction
Pros. Misc. ReportedUKN
Sanction TypeUKN
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