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NICOLAS v. ATTORNEY GENERAL OF MARYLAND

No. 15-6616.

820 F.3d 124 (2016)

Richard A. NICOLAS, Petitioner-Appellee, v. The ATTORNEY GENERAL OF the State of MARYLAND; Richard Graham, Warden, Respondents-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided: April 27, 2016.

Attorney(s) appearing for the Case

ARGUED: Edward John Kelley , Office of the Attorney General of Maryland, Baltimore, Maryland, for Appellants. Geoffrey Robert Garinther , Venable LLP, Baltimore, Maryland, for Appellee. ON BRIEF: Brian E. Frosh , Attorney General of Maryland, Office of the Attorney General of Maryland, Baltimore, Maryland, for Appellants. Matthew P. Reinhart , Venable LLP, Baltimore, Maryland, for Appellee.

Reversed by published opinion. Judge MOTZ wrote the opinion, in which Judge NIEMEYER and Judge COGBURN joined.

In 1997, a Baltimore City jury convicted Richard Nicolas of murdering his infant daughter. Years later, Nicolas sought habeas relief, arguing that the State failed to disclose favorable, material evidence in violation of its obligations under Brady v. Maryland, 373 U.S. 83

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