Eleventh Circuit Court of Appeals - Published Opinions
Tuesday, August 05, 2014
Wright: No Brady claim when defense had equal access to information
In Wright v. Sec., Fla. Dept. of Corrections, No. 13-11832 (Aug, 4, 2014), the Court affirmed the denial of habeas relief to a Florida death row inmate convicted of a 1983 murder. The Court rejected a Brady claim that statements by witnesses were not provided to the defense. The Court noted that a defendant cannot prevail under Brady where he had ‘equal access” to the information forming the basis of the claim. Here, the defense had access to the information in the statements. The Court also rejected an ineffective assistance of counsel claim regarding a “glass vase”, pointing out that defense counsel effectively pointed out that the prosecutor had misstated a witness’ testimony.