Karlyn EKLOF, Petitioner on Review,
v.
Heidi STEWARD, Superintendent, Coffee Creek Correctional Facility, Respondent on Review.
Supreme Court of Oregon.https://leagle.com/images/logo.png
Argued and submitted September 23, 2016.
December 22, 2016.
Attorney(s) appearing for the Case
Jason Weber, O'Connor Weber LLC, Portland, argued the cause and filed the brief for petitioner on review.
Timothy A. Sylwester, Assistant Attorney General, Salem, argued the cause and filed the brief for respondent on review. Also on the brief were Ellen F. Rosenblum, Attorney General, and Benjamin Gutman, Solicitor General.
Janis C. Puracal, Oregon Innocence Project, Portland, Mathew W. dos Santos, American Civil Liberties Union Foundation of Oregon, Portland, and Rankin Johnson IV, Oregon Criminal Defense Lawyers Association, Portland, filed the brief for those amici curiae. Also on the brief were Steven T. Wax, Alice B. Kaplan, and Erik Blumenthal.
En Banc.
Supreme Court of Oregon.
BREWER, J.
Under Brady v. Maryland,373 U.S. 83, 87, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963), a prosecutor's withholding of favorable evidence from a criminal defendant "violates due process where the evidence is material either to guilt or to punishment, irrespective of the good faith or bad faith of the prosecution." Petitioner in this successive action for post-conviction relief — who is serving a sentence of life imprisonment...
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