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BOONE v. PADERICK

No. 76-1090.

541 F.2d 447 (1976)

Leroy BOONE, Appellant, v. E. L. PADERICK, Superintendent of the Virginia State Penitentiary, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided September 13, 1976.

Attorney(s) appearing for the Case

Maurice Sercarz and Joseph Delk, Third Year Law Students (Barry Nakell, Chapel Hill, N.C., on brief), for appellant.

Andrew P. Miller, Atty. Gen. of Virginia and Gilbert W. Haith, Asst. Atty. Gen., Richmond, Va., on brief, for appellee.

Before HAYNSWORTH, Chief Circuit Judge, and WINTER and CRAVEN, Circuit Judges.

CRAVEN, Circuit Judge:

Imprisoned for life plus 20 years for armed robbery and statutory burglary, Boone unsuccessfully petitioned the district court for a writ of habeas corpus. We reverse and hold that the writ should issue because the prosecutor concealed an offer of favorable treatment to Boone's principal accuser. Had the jury known of the prosecution witness' compelling motivation to establish Boone's guilt, there is a reasonable likelihood its verdict might...

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