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WILSON v. WHITLEY

No. 93-3201.

28 F.3d 433 (1994)

Leo WILSON, Petitioner-Appellee, v. John P. WHITLEY, Warden, Louisiana State Penitentiary, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 24, 1994.

Attorney(s) appearing for the Case

Val M. Solino, Asst. Dist. Atty., Harry Connick, Dist. Atty., New Orleans, LA, for appellant.

Francis M. King, Asst. Federal Public Defender, John T. Mulvehill, Federal Public Defender, New Orleans, LA, for appellee.

Before SMITH and BARKSDALE, Circuit Judges, and WALTER, District Judge:

RHESA HAWKINS BARKSDALE, Circuit Judge:

Louisiana challenges the habeas relief granted Leo Wilson on his state conviction for armed robbery, the issue being whether the prosecution violated Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963), by not disclosing a police report that could have been used to impeach the credibility of one of the two victims (Leonard Pierce), the sole witness to definitely identify...

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