§Why CasetextPricing

USA v. Maddox et al

MEMORANDUM in Support of 1010 MOTION to Vacate under 28 U.S.C. 2255 / Motion to Vacate, Set Aside, or Correct Sentence Pursuant to 28 U.S.C. §2255

15 Cited authorities

  1. Strickler v. Greene

    527 U.S. 263 (1999)   Cited 6,416 times   20 Legal Analyses
    Holding that a newspaper article detailing that a witness had been interviewed by the police did not suffice to put a defendant's lawyer on notice that records and evidence concerning the witness existed and had been suppressed

  2. Kyles v. Whitley

    514 U.S. 419 (1995)   Cited 7,297 times   36 Legal Analyses
    Holding the State's disclosure obligation turns on the cumulative effect of all suppressed evidence favorable to the defense

  3. Brady v. Maryland

    373 U.S. 83 (1963)   Cited 43,814 times   133 Legal Analyses
    Holding that the prosecution violates due process when it suppresses material, favorable evidence

  4. United States v. Bagley

    473 U.S. 667 (1985)   Cited 9,471 times   34 Legal Analyses
    Holding that there was a Brady violation when federal prosecutors withheld evidence of inducements made to witnesses to encourage them to testify against the defendant

  5. Banks v. Dretke

    540 U.S. 668 (2004)   Cited 1,996 times   1 Legal Analyses
    Holding that suppression of prosecution witness's police-informant status violated Brady

  6. Berger v. United States

    295 U.S. 78 (1935)   Cited 4,163 times   19 Legal Analyses
    Holding there was no prejudice when four defendants were tried for a single conspiracy and two separate conspiracies were proven

  7. Harris v. Lafler

    553 F.3d 1028 (6th Cir. 2009)   Cited 186 times   1 Legal Analyses
    Holding that the state's failure to disclose in a murder trial three statements police made to its key witness, including a promise that he would be released if he implicated the defendant, was material under Brady where the witness "was the key witness for the prosecution" who gave an eyewitness account that was the only evidence that directly linked the defendant as the gunman

  8. Zappulla v. New York

    389 F.3d 351 (2d Cir. 2004)   Cited 99 times   1 Legal Analyses
    Holding that Esparza has supplanted Brecht, at least where a state court has made a harmless error ruling

  9. Higgins v. Renico

    470 F.3d 624 (6th Cir. 2006)   Cited 65 times   1 Legal Analyses
    Holding that the failure to cross-examine key witness was prejudicial because without this testimony, the state's case was "far from overwhelming"

  10. United States v. Tavera

    719 F.3d 705 (6th Cir. 2013)   Cited 39 times   1 Legal Analyses
    Holding that prosecution violated Brady by failing to disclose statements to prosecutor that "directly contradicted the story of the government's main witness"

  11. Section 2255 - Federal custody; remedies on motion attacking sentence

    28 U.S.C. § 2255   Cited 129,989 times   129 Legal Analyses
    Adopting one-year limitations period for §2255 motions

  12. Section 841 - Prohibited acts A

    21 U.S.C. § 841   Cited 91,490 times   147 Legal Analyses
    In § 841 prosecutions, then, it is the fact that the doctor issued an unauthorized prescription that renders his or her conduct wrongful, not the fact of the dispensation itself.

  13. Section 1956 - Laundering of monetary instruments

    18 U.S.C. § 1956   Cited 9,351 times   142 Legal Analyses
    Defining “specified unlawful activity” to include, inter alia, controlled substance violations, murder, bribery, smuggling, various forms of fraud, concealment of assets, various environmental offenses, and health care offenses

  14. Section 1512 - Tampering with a witness, victim, or an informant

    18 U.S.C. § 1512   Cited 4,375 times   41 Legal Analyses
    Defining "law enforcement officer" as "an officer or employee of the Federal Government "