U.S. v. BURKE

No. 08-8033.

571 F.3d 1048 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Kenneth Todd BURKE, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

July 7, 2009.


Attorney(s) appearing for the Case

Patrick J. LeBrun, Casper, WY, for Defendant-Appellant.

David A. Kubichek, Assistant United States Attorney, Casper, WY (Kelly H. Rankin, United States Attorney for the District of Wyoming with him on the brief) for Plaintiff-Appellee.

Before TACHA, O'BRIEN and McCONNELL, Circuit Judges.


McCONNELL, Circuit Judge.

This case involves the belated disclosure of exculpatory or impeachment evidence required by Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963). Although we conclude that the tardy disclosure of exculpatory or impeachment evidence can sometimes give rise to a Brady violation and are greatly concerned by the government's conduct in this case, we conclude that the defendant's objection...

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