on Apr 11, 2005 at 10:06 am
On Friday we filed this cert. amicus brief in No. 04-1196, Kelley v. Crosby, a Florida capital case. Kelleyâ€™s cert. petition challenges, inter alia, the Eleventh Circuitâ€™s ruling that the prosecutionâ€™s suppression of evidence that could have been used to impeach the Stateâ€™s key witness was not a Brady violation because the evidence was merely â€œcumulativeâ€ â€“ that is, Kelleyâ€™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 â€“ John Gibbons, Timothy Lewis, William Sessions, and Thomas Sullivan â€“ as well as the Florida Innocence Initiative and the Northwestern University School of Lawâ€™s Center on Wrongful Convictions. Kenneth Starr, Steven Engel, and Bridget Oâ€™Connor of Kirkland & Ellis are co-counsel on the brief with us.