WOOD – Appellant
Versus
BARTHOLOMEW, (1995) – Respondent
PER CURIAM.
The Court of Appeals for the Ninth Circuit reversed the District Courts denial of habeas relief based on its speculation that the prosecutions failure to turn over the results of a polygraph examination of a key witness might have had an adverse effect on pretrial preparation by the defense. The Court of Appeals assumed, and the parties do not dispute, that the results were inadmissible under state law both for substantive purposes as well as for impeachment. The decision below is a misapplication of our Brady jurisprudence, see Brady v. Maryland,
On August 1, 1981, respondent Dwayne Bartholomew robbed a laundromat in Tacoma, Washington. In the course of the robbery, the laundromat attendant was shot and killed. Two shots were fired: one hit the attendant in the head, the second lodged in a counter near the victims body. From the beginning, respondent admitted that he committed the robbery and that the shots came from his gun.
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