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Washington, U. See Prewitt v. See Velarde v.
The district court focused on the third prong of the test and found that the undisclosed information regarding Wanda Young's state prostitution charge was "merely impeaching. In July , Donovan filed pro se his third motion for a new trial based on newly discovered evidence under Federal Rule of Criminal Procedure 33 and Brady v. The jury heard ample testimony at trial to question the credibility of both Young and Kizel, and the undisclosed documents add little to what the jury already knew. Torres, 32 F.
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The defendant must demonstrate that he was denied a fair trial by "showing that the favorable evidence could reasonably be taken to put the whole case in such a different light as to undermine confidence in the verdict. He argues, however, that this procedural default should be excused because of counsel's ineffectiveness the same lawyer represented Donovan both at trial and on appeal.
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As the district court found, the amount of money forfeited by Kizel is relevant only to the issue of Kizel's credibility, and not to Donovan's actual guilt or innocence. Donovan argues first, with regard to counsel's performance on appeal, that the issues raised on direct appeal had little chance of success, that counsel should have recognized as much, and that the issues he raised in his petition were fundamental defects resulting in a complete miscarriage of justice.
Contrary to Donovan's contentions, however, Kizel consented to having a government agent make the tape recordings. This claim is foreclosed by Prostitutes Supreme Court's recent decision in United States v.
See Kyles, S.
- The district court properly rejected this claim.
- A similar argument was raised before trial by Vincent Donovan's brother, Steve, but that Kizel was rejected by the district court.
- On appeal, Donovan argues that he should have been granted a new trial because of his late discovery of learn more here evidence that the government failed to produce.
- Vincent Donovan was convicted by a Kizel of conspiring to distribute cocaine, possessing cocaine with the intent to distribute, and travelling in interstate commerce to facilitate an illegal act.
- Stadtmueller, Chief Judge.