Carl Payne v. Eugene S. Lefevre, Superintendent of Clinton Correctional Facility · 825 F.2d 702

finding no Brady violation where information contained in report that was not disclosed “was duplicative of material which [defendant’s] trial counsel already had in her possession”

How later courts described this case

finding no Brady violation where information contained in report that was not disclosed “was duplicative of material which [defendant’s] trial counsel already had in her possession”
discussing People v. Rosario, 9 N.Y.2d 286, 213 N.Y.S.2d 448, 173 N.E.2d 881 (Ct.App.), cert. denied, 368 U.S. 866, 82 S.Ct. 117, 7 L.Ed.2d 64 (1961), and citing People v. Poole, 48 N.Y.2d 144, 422 N.Y.S.2d 5, 7, 397 N.E.2d 697, 698-99 (Ct.App.1979) (footnote omitted), cert. denied, 484 U.S. 988, 108 S.Ct. 508, 98 L.Ed.2d 506 (1987)

Written by the judges who cited it.

The opinion

OAKES, Circuit Judge

(concurring):

I concur in the result, not with enthusiasm, but because Rose v. Clark, — U.S. -, 106 S.Ct. 3101 , 92 L.Ed.2d 460 (1986), compels it.