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Recent Filing

On Friday we filed this cert. amicus brief in No. 04-1196, Kelley v. Crosby, a Florida capital case. Kelley’s cert. petition challenges, inter alia, the Eleventh Circuit’s ruling that the prosecution’s suppression of evidence that could have been used to impeach the State’s key witness was not a Brady violation because the evidence was merely “cumulative” – that is, Kelley’s 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 Law’s Center on Wrongful Convictions. Kenneth Starr, Steven Engel, and Bridget O’Connor of Kirkland & Ellis are co-counsel on the brief with us.