Jardine v. Dittmann

Dist. Ct. did not err in summarily dismissing defendant’s habeas petition challenging his sexual assault and attempted homicide convictions arising out of incident in which defendant admitted to accidentally shooting female victim in thigh after having sex with victim at massage parlor where defendant claimed that govt. violated Brady by withholding his gun and semen-stained sheets and towels recovered at crime scene. Defendant could not establish Brady violation with respect to gun since defendant was always aware of its existence. Moreover, while withholding of instant sheets and towels could potentially constitute Brady violation, defendant failed to establish that said evidence was material to his prosecution where: (1) defendant’s own testimony placed him alone with victim at scene of crime with gun; (2) withheld evidence would not provide defendant with helpful evidence to counter evidence of victim’s severe head injuries that were attributable to defendant’s gun; and (3) withheld evidence of prostitution was likely inadmissible under Wisc.’s rape-shield law.