Home -> Law Blog Directory -> Criminal Law Blogs -> Crime and Consequences
OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Criminal Law
: Crime and ConsequencesBlog Scan
By Kent Scheidegger et al.
ADVERTISEMENTS
Did the State Expressly Waive Exhaustion Defense to a Brady Claim?: Jonathan Adler at Volokh Conspiracy has this post on today's Sixth Circuit decision in D?Ambrosio v. Bagley. In the opinion, a divided three judge panel split over when in a habeas proceeding the state may "expressly waive" its defense that the petitioner had failed to exhaust his Brady claims in state court. In D'Ambrosio, the divided panel held that the government?s conspicuous failure to raise such a claim could constitute an ?express? waiver, even though the waiver was never made explicit. D'Ambrosio had amended his habeas corpus petition to include a Brady claim after he learned the state was withholding mitigating evidence. When D'Ambrosio made the motion, the state's attorney "stated that she took no position on the motion, but requested the opportunity to file a response if the district court granted the motion to amend...continue to full postFull post as published by Crime and Consequences on June 05, 2008 (boomark / email).
Related Searches
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.

CT - Plate Scanner Helps Police Solve Crimes
Reduce bloated PDFs with ease.
Miese Scan-Qualität der Bielefelder Aufklärungszeitschriften
#^%$&* Scanner, Or Hints From Heloise
Delayed Brain Scan Leads to Damages Award







