Montgomery v. Bobby


OPINION and JUDGMENT filed: district court's grant of the writ of habeas corpus to petitioner William T. Montgomery on the basis of a Brady violation is REVERSED and the judgment is AFFIRMED in all other respects, decision for publication pursuant to local rule 206. Alice M. Batchelder, Chief Circuit Judge; Gilbert S. Merritt, Boyce F. Martin , Jr., Danny J. Boggs, Karen Nelson Moore, R. Guy Cole , Jr., Eric L. Clay, Ronald Lee Gilman, Julia Smith Gibbons, John M. Rogers, Jeffrey S. Sutton, David W. McKeague, Richard Allen Griffin, Raymond M. Kethledge, and Helene N. White, Circuit Judges. (GIBBONS, J., delivered the opinion of the court, in which BATCHELDER, C.J., BOGGS, GILMAN, GIBBONS, ROGERS, SUTTON, MCKEAGUE, GRIFFIN, and KETHLEDGE, JJ., joined, with BATCHELDER, C.J. (pp. 26-31), delivering a separate concurrence and WHITE, J. (pp. 32-33), delivering a separate opinion concurring in the judgment. MERRITT, J. (pp. 34-39), delivered a separate dissenting opinion, in which MARTIN, J., joined, with MARTIN, J. (p. 40), also delivering a separate dissenting opinion. CLAY, J. (pp. 41-69), delivered a separate dissenting opinion, in which MOORE AND COLE, JJ., joined. [07-3882, 07-3893]

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Case: 07-3882 Document: 006111049167 Filed: 08/22/2011 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED Nos. 07-3882; 07-3893 WILLIAM T. MONTGOMERY, Petitioner - Appellee/Cross-Appellant, Aug 22, 2011 LEONARD GREEN, Clerk v. DAVID BOBBY, Warden, Respondent - Appellant/Cross-Appellee. Before: BATCHELDER, Chief Judge; MERRITT, MARTIN, BOGGS, MOORE, COLE, CLAY, GILMAN, GIBBONS, ROGERS, SUTTON, M CKEAGUE, GRIFFIN, KETHLEDGE, and WHITE, Circuit Judges. JUDGMENT On Appeal from the United States District Court for the Northern District of Ohio at Toledo. UPON CONSIDERATION of the petition for rehearing en banc, the supplemental briefs, and arguments of counsel, IT IS ORDERED that the district court’s grant of the writ of habeas corpus to petitioner William T. Montgomery on the basis of a Brady violation is REVERSED. IT IS FURTHER ORDERED that the judgment of the district court is AFFIRMED in all other respects. ENTERED BY ORDER OF THE COURT Leonard Green, Clerk

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