HARDWICK

v.

DURDEN ET AL.

Citator

Cited By

• Calley v. Callaway, 519 F.2d 184 (5th Cir. 1975)
  …974, 506 F. 2d 406, 409. The materiality requirement of Brady and subsequent cases is important here, for not every piece of evidence potentially useful to the defense need be disclosed. In Ross v. Texas, 5 Cir., 1973, 474 F. 2d 1150, cert. denied, 414 U.S. 850, 94 S.Ct. 141, 38 L.Ed.2d 98, we rejected the suggestion that Brady encompasses all material which might have led a jury to entertain a reasonable doubt as to a defendant’s guilt. We have instead held that before the nondisclosure of evidence reache…
• Cannon v. State OF Ala., 558 F.2d 1211 (5th Cir. 1977)
  …49 L.Ed.2d at 354. . Indeed, our situation is so extreme that it approaches hypotheticals that have been used to demonstrate instances clearly requiring prosecutors to disclose. See Ross v. Texas, 474 F. 2d 1150, 1154 (5th Cir. 1973), cert. denied, 414 U.S. 850, 94 S.Ct. 141, 38 L.Ed.2d 98 (1973) (conviction would be invalid if prosecutor had withheld “an eyewitness . . . who would have testified that [defendant] was not the robber”); Comment, Brady v. Maryland and the Prosecutor’s Duty to Disclose, 40 U.C…
• Carolee Biddy v. Diamond, 516 F.2d 118 (5th Cir. 1975)
  …te court, so that it cannot properly be reviewed by a federal court at this time. To the extent that the district court judgment may have passed upon this question, it is modified. Cf. Ross v. State of Texas, 474 F. 2d 1150 (5th Cir.), cert. denied, 414 U.S. 850, 94 S.Ct. 141, 38 L.Ed.2d 98 (1973). Affirmed.…