TRAMMELL v. McKUNE

No. 06-3316.

485 F.3d 546 (2007)

David TRAMMELL, Plaintiff-Appellant, v. David R. McKUNE, Warden, and Phill Kline, Kansas Attorney General, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

April 12, 2007.


Attorney(s) appearing for the Case

Jean K. Gilles Phillips, Lawrence, KS, for Plaintiff-Appellant.

Jared S. Maag, Deputy Attorney General, for Defendants-Appellees.

Before HARTZ, SEYMOUR, and McCONNELL, Circuit Judges.


McCONNELL, Circuit Judge.

David Trammell was accused of stealing a service station tow truck and using it to steal another vehicle. His defense was that another man — Scott Cross — committed the crime and framed him. The prosecution knew of Mr. Trammell's defense, but failed to disclose physical evidence linking Mr. Cross to the tow truck theft. We hold that this failure constituted a violation of Mr. Trammell's due process rights under Brady v. Maryland...

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