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BALLINGER v. KERBY

No. 91-2230.

3 F.3d 1371 (1993)

Gene Curtis BALLINGER, Petitioner-Appellee, v. Dareld KERBY, Warden, Respondent-Appellant.

United States Court of Appeals, Tenth Circuit.

August 26, 1993.

Attorney(s) appearing for the Case

Anthony Tupler, Asst. Atty. Gen. (Tom Udall, Atty. Gen., with him, on the brief), Santa Fe, NM, for respondent-appellant.

Charles S. Aspinwall, Albuquerque, NM, for petitioner-appellee.

Before LOGAN and KELLY, Circuit Judges, and BROWN, District Judge.

LOGAN, Circuit Judge.

Respondent Warden Dareld Kerby appeals the district court's grant of a writ of habeas corpus upon the application of petitioner Gene C. Ballinger. The grant was based on the court's determination that certain exculpatory photographic evidence was not disclosed to petitioner during his trial, thereby violating his due process rights under Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963...

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