U.S. v. Salem

Federal 7th Circuit Court
Criminal Court
Evidence
Citation
Case Number: 
No. 10-2204
Decision Date: 
June 21, 2011
Federal District: 
E.D. Wisc.
Holding: 
Affirmed
Dist. Ct. did not err in denying defendant's motion for new trial on claim that prosecutor violated Brady by failing to disclose evidence contained in third-party's plea agreement indicating that key witness for govt. in instant case was involved in uncharged murder. While defendant argued that murder evidence was material to outcome of his trial because he could have used said evidence to establish witness' bias in giving testimony favorable to govt., Dist. Ct. could properly have found that murder evidence was not material and would not have changed outcome of defendant's trial since defense counsel fully impeached witness in instant trial with fact that witness had incentive to testify in favor of govt. because he was already facing serious drug, weapons and RICO charges that carried potential life sentence.