Opinion

Flanks

Court
District Court, E.D. Louisiana
Filed
Jan 8, 2026
Cited by
0 cases
Authority
More cited than 38.1%

“Specifically, we must determine whether the allegedly suppressed evidence, considered collectively and in light of all of the evidence at trial, could reasonably be taken to put the entire case in a different light so as to undermine [ ] confidence in the outcome of the trial.”

How later courts described this case

  • “Specifically, we must determine whether the allegedly suppressed evidence, considered collectively and in light of all of the evidence at trial, could reasonably be taken to put the entire case in a different light so as to undermine [ ] confidence in the outcome of the trial.”

Written by the judges who cited it.

The opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF LOUISIANA

RAYMOND FLANKS CIVIL ACTION

VERSUS CASE NO. 23-6897

CITY OF NEW ORLEANS, ET AL. SECTION: “G”(4)

ORDER AND REASONS

Before the Court is Plaintiff Raymond Flanks’s (“Plaintiff”) “Motion for

Reconsideration.”1 Plaintiff seeks reconsideration of a prior Order2 permitting Defendants to

present evidence concerning “other robberies in the same neighborhood and timeframe as the

murder of Mr. Carnesi” (the “Other Robberies”).3 Alternatively, Plaintiff seeks clarification of that

Order in light of another Order4 by the Court, that limited Defendants “to discussing Plaintiff’s

potential guilt in relation to whether a particular piece of evidence is exculpatory.”5 Defendant

Jason Williams in his official capacity as Orleans Parish District Attorney (“OPDA”) opposes the

motion.6 Having considered the motion for reconsideration, the memoranda in support and

opposition, the record, and the applicable law, the Court grants the motion in part and denies it in

part. The motion for reconsideration is granted to the extent that it seeks clarification of the Court’s

prior Orders.7 The motion for reconsideration is denied in all other respects.

1 Rec. Doc. 197.

2 Rec. Doc. 188.

3 Rec. Doc. 197-1 (citing Rec. Doc. 188 at 9).

4 Rec. Doc. 176.

5 Id. at 13.

6 Rec. Doc. 206.

7 Rec. Docs. 176, 188.

Plaintiff argues that allowing Defendants to present evidence that Plaintiff may have

committed the Other Robberies bears “no legitimate relationship to the Brady issues” in this case.8

Specifically, Plaintiff asserts evidence that Plaintiff may have committed the Other Robberies is

irrelevant to the favorability and materiality prongs required in a Brady violation inquiry.9

OPDA concedes that “the materiality of allegedly suppressed favorable evidence must be

considered in light of all the evidence presented at trial.”10 However, OPDA asserts that when the

allegedly suppressed evidence, if used, “would have injected new issues into the trial and opened

the door to new evidence that was otherwise inadmissible, any reasonable assessment of

materiality also requires consideration of how the State would have responded and whether the

defendant would have ultimately been left in a better position.”11

To establish a Brady violation Plaintiff must prove that “(1) the prosecution suppressed

evidence; (2) the evidence was favorable to the defendant because it was either exculpatory or

impeaching; and (3) the evidence was material.”12 “Evidence is material if there is a reasonable

probability that the result of the proceeding would have differed had the prosecution disclosed the

evidence.”13

It is Plaintiff who claims that the “NOPD records showing a string of similar crimes with

a consistently prescribed perpetrator” constitutes Brady material that was not properly disclosed

8 Rec. Doc. 197-1 at 4.

9 Id. at 4–5.

10 Rec. Doc. 206 at 2.

11 Id.

12 U.S. v. Edwards, 442 F.3d 258, 264 (5th Cir. 2006).

13 U.S. v. Barraza, 655 F.3d 375, 380 (5th Cir. 2011).

to Plaintiff’s criminal defense counsel.14 Therefore, Plaintiff has signaled to the Court and OPDA

that he intends to argue that had this evidence been disclosed it would have been favorable and

material to his defense. The favorability and materiality of the allegedly suppressed evidence is

considered in light of all of the evidence at trial.15 Plaintiff asserts that the Fifth Circuit cases U.S.

v. Sipe16 and U.S. v. Edwards,17 preclude OPDA from presenting evidence that it would have

introduced in Plaintiff’s criminal trial to rebut the allegedly suppressed evidence.18 However, the

Court does not find such a limitation in those cases or from any other authority.

In fact, in Sipe the Circuit court considered this exact argument, but reasoned that the

government offered nothing other than “conclusory assertions to support its contention that the

[allegedly suppressed evidence] would have led to the introduction of inculpatory evidence: [the

court was] not provided with any description of this alleged evidence or told what form it might

have taken.”19 The Fifth Circuit’s reasoning in Sipe signals that had the government persuasively

established that specific inculpatory evidence would have been introduced to rebut the allegedly

suppressed evidence, that the Circuit court would have considered the rebuttal evidence in its

Brady analysis.20 Thus, both parties are limited to presenting the allegedly suppressed evidence,

including the Other Robberies, in light of the evidence that was actually presented at the underlying

14 Rec. Doc. 27 at 13.

15 Edwards, 442 F.3d at 267 (“Specifically, we must determine whether the allegedly suppressed evidence,

considered collectively and in light of all of the evidence at trial, could reasonably be taken to put the entire case in a

different light so as to undermine [ ] confidence in the outcome of the trial.”) (internal quotations omitted).

16 388 F.3d 471 (5th Cir. 2004).

17 442 F.3d at 258.

18 Rec. Doc. 197-1 at 4.

19 Sipe, 388 F.3d at 481–82.

20 Id.

trial, and specific rebuttal evidence that OPDA can persuasively establish would have been

introduced at the criminal trial.

Plaintiff may argue that the evidence of the Other Robberies would have been favorable

and material to his defense. Inversely, OPDA may argue that the evidence of the Other Robberies

would not have been favorable or material to Plaintiff's defense in light of the underlying trial

record, and specific rebuttal evidence that OPDA can establish would have been introduced in the

criminal trial. However, the Court acknowledges the potential for the parties to stray from relying

solely on the underlying trial record, allegedly suppressed evidence, and rebuttal evidence OPDA

can establish would have been presented, when discussing whether a piece of evidence constitutes

a Brady violation. Even so, the parties are responsible for raising this issue during trial if the

opposing party impermissibly relies on evidence outside of the trial record. Accordingly,

IT IS HEREBY ORDERED that Plaintiff's “Motion for Reconsideration”! is

GRANTED IN PART AND DENIED IN PART. The motion is granted to the extent that is seeks

the clarification of the Court’s prior Orders,”” which is provided above. The motion is denied in

all other respects.

NEW ORLEANS, LOUISIANA, this 8th day of January, 2026.

NANNETTE J@LEIVETTE BROWN □□□

UNITED STATES DISTRICT JUDGE

21 Rec. Doc. 197.

2 Rec. Docs. 176, 188.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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