SOUTHERN

v.

TEXAS

Citator

Cited By

• WAY v. State, 760 So. 2d 903 (Fla. 2000)
  …al fact, the ultimate question of whether evidence was material resulting in a due process violation is a mixed question of law and fact subject to independent appellate review. See Hays v. Alabama, 85 F. 3d 1492, 1498 (11th Cir.1996), cert. denied, 520 U.S. 1123, 117 S.Ct. 1262, 137 L.Ed.2d 341 (1997); Kennedy v. Herring, 54 F. 3d 678 (11th Cir.1995); see also Stephens v. State, 748 So. 2d 1028 (Fla.1999) (concluding that,.appellate courts should defer to the findings of historical fact with regard to a cla…
• United States v. Dickerson, 248 F.3d 1036 (11th Cir. 2001)
  …lliams’ testimony. Cf. Hays v. Alabama, 85 F. 3d 1492, 1499 (11th Cir.1996) (finding insufficient materiality where, inter alia, cross-examination elicited statements acknowledging inconsistency with testimony on direct examination), cert. denied, 520 U.S. 1123, 117 S.Ct. 1262, 137 L.Ed.2d 341 (1997). At trial the Government did not correct Williams’ testimony regarding his prior drug use; the falsehood became apparent only at Williams’ sentencing hearing three months later. Thus, defense counsel was unab…