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Name: Bailey v. Rae
Case #: 02-35144
Court: US Court of Appeals
District 9 Cir
Opinion Date: 08/13/2003
Subsequent History: None

At appellant’s sentencing for multiple sexual offenses committed against a mentally disabled minor, it became clear that certain potentially exculpatory documents from the Children’s Services Division file, including therapy reports concerning the victim’s mental capacity, were not disclosed to the defense. The convictions required that the victim be incapable of consent due to a mental defect, and the therapy reports showed that the victim knew the difference between a “good touch” and a “bad touch” and understood that she had the right to say “no” to an inappropriate touch. The appellate court here reversed the district court’s denial of appellant’s habeas petition. The reports in question were exculpatory in nature and would have affected the trial in such a way as to undermine confidence in the jury’s verdict. Therefore, appellant’s due process rights were violated under Brady v. Maryland.