Wednesday, May 4, 2016

SANE nurse is member of prosection team for Brady purposes

Q: Who's a member of the prosecution team for Brady purposes?

A: A SANE nurse who examines the complainant "at the request of law enforcement in the pre-arrest investigation of a crime."

So held the Tenth Circuit earlier this week in McCormick v. Parker, No. 14-7095 (10th Cir. May 3, 2016), reversing a 28 U.S.C. 2254 petitioner's state conviction for child sexual abuse and accompanying life sentence.

The nurse in this case falsely testified that she was currently certified as a SANE nurse in Texas. The Tenth Circuit imputed her lie to the prosecution despite zero evidence that the prosecutor actually knew about the nurse's lapsed credentials. The lie was material because this "expert" provided the only direct evidence to corroborate the complainant's testimony.

You must try harder. It is not easy to become sane. - George Orwell

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