IN RE PRATT

No. B113866.

82 Cal.Rptr.2d 260 (1999)

69 Cal.App.4th 1294

In re Elmer Gerard PRATT on Habeas Corpus.

Court of Appeals of California, Second District, Division One.

February 16, 1999.


Attorney(s) appearing for the Case

Gil Garcetti, District Attorney, George M. Palmer, Head Deputy District Attorney, Brentford J. Ferreira, Deputy District Attorney; and Harry B. Sondheim, for Appellant.

ACLU Foundation of Southern California, Mark D. Rosenbaum, David S. Schwartz, Los Angeles; Law Offices of Robert Garcia, Robert Garcia, San Francisco; Anthony G. Amsterdam, New York City; NAACP Legal Defense and Education Fund, George Kendall, Newark, NJ; Tamburello, Hanlon & Waggener, Stuart Hanlon; Law Offices of Juliana Drous, Juliana Drous, San Francisco; Law Offices of Johnnie Cochran, Johnnie L. Cochran, Jr., Shawn Chapman, Los Angeles; Robert Weisberg, Stanford; Edwin E. Huddleson, Jr., District of Columbia; and James S. Liebman, New York City, for Respondent.

Bostwick & Hoffman, Paul L. Hoffman, Santa Monica; Anthony Arlidge; Peter Carter; and David Marshall, for Amnesty International as Amicus Curiae on behalf of Respondent.


MASTERSON, J.

At the conclusion of an evidentiary hearing, an able and experienced trial judge, applying well-established legal principles, granted Elmer Pratt's petition for writ of habeas corpus. The basis for the ruling was that, under Brady v. Maryland (1963) 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215, Pratt had been deprived of evidence at his 1972 murder trial that would have "permitted potentially devastating cross-examination...

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