Recent Filing

On Friday we filed this cert. amicus brief in No. 04-1196, Kelley v. Crosby, a Florida capital case. Kelleys cert. petition challenges, inter alia, the Eleventh Circuits ruling that the prosecutions suppression of evidence that could have been used to impeach the States key witness was not a Brady violation because the evidence was merely cumulative that is, Kelleys trial counsel was purportedly able to impeach the witness using the same arguments that the evidence supported.

Our amici are a group of former federal judges and/or prosecutors John Gibbons, Timothy Lewis, William Sessions, and Thomas Sullivan as well as the Florida Innocence Initiative and the Northwestern University School of Laws Center on Wrongful Convictions. Kenneth Starr, Steven Engel, and Bridget OConnor of Kirkland & Ellis are co-counsel on the brief with us.