ROBINSON v. MILLS

No. 09-5243.

592 F.3d 730 (2010)

David L. ROBINSON, Petitioner-Appellee, v. David MILLS, Warden, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 28, 2010.


Attorney(s) appearing for the Case

ARGUED: John H. Bledsoe, Office of the Attorney General, Nashville, Tennessee, for Appellant. Henry A. Martin, Federal Public Defender's Office, Nashville, Tennessee, for Appellee. ON BRIEF: John H. Bledsoe, Office of the Attorney General, Nashville, Tennessee, for Appellant. Henry A. Martin, Michael C. Holley, Federal Public Defender's Office, Nashville, Tennessee, for Appellee.

Before RYAN, COLE, and CLAY, Circuit Judges.


OPINION

CLAY, Circuit Judge.

Respondent, David Mills, Warden, appeals the district court's order granting Petitioner David Lee Robinson, Jr. a conditional writ of habeas corpus pursuant to 28 U.S.C. § 2254. The district court granted the writ based on a finding that the State, in violation of Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963), withheld impeachment evidence that would likely have...

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