Morgan v. Hardy

Dist. Ct. did not err in denying defendant's habeas petition challenging his multiple murder convictions where defendant presented recantation of one witness, who indicated that defendant killed victims during process of defending himself. Determination that recantation was not credible was not against clear and convincing weight of evidence where, although recantation was consistent with portions of record, witness's original statement was also consistent with record. Moreover, with respect to defendant's Brady claim, defendant failed to establish factual basis for his contention that one witness was given favorable treatment by prosecutor on certain drug charges in exchange for her testimony and further failed to establish any prejudice arising out of any Brady violation where witness's testimony was corroborated by other disinterested witnesses.