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Name: Gantt v. Roe
Case #: 99-55477
Court: US Court of Appeals
District 9 Cir
Opinion Date: 11/22/2004

Reversal and remand were required where the prosecution failed to disclose exculpatory evidence in violation of Brady v. Maryland (1963) 373 U.S. 83. The evidence which was not disclosed until a year after trial was that a main prosecution witness could not identify a photograph of the victim, a fact which could have been helpful to the defense, and undercut the prosecution’s theory of the case. Brady is not confined to evidence that affirmatively proves a defendant innocent; it applies where, as here, the evidence was favorable to the accused. The state’s case was weak, and it was reasonably probable that there would have been a different result if the evidence had been disclosed. Remand was required so that the district court could hold an evidentiary hearing.