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eBook details

• Title: Breedlove V. Moore
• Author : Eleventh Circuit U.S. Court of Appeals
• Release Date : January 17, 2002
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

McArthur Breedlove, a Florida prisoner, appeals the district court's denial of his petition for a writ of habeas corpus, filed pursuant to 28 U.S.C. § 2254. Breedlove was convicted in the Dade County Circuit Court on March 2, 1979 of first degree murder, burglary, grand theft and petit theft, and was sentenced to death on the murder charge. In this appeal, Breedlove raises eight separate claims of constitutional error relating to his conviction and sentence, and argues that the district court erred in failing to grant him habeas relief on each of these claims. In the alternative, Breedlove seeks an evidentiary hearing on his first claim, which alleges that the state suppressed material evidence tending to impeach state witnesses in violation of the rule established in Brady v. Maryland, 373 U.S. 83 (1963). After carefully considering the briefs and the record, and after the benefit of oral argument, we conclude that none of Breedlove's claims of error warrant relief. Furthermore, we conclude that an evidentiary hearing could not assist in the resolution of Breedlove's Brady claim, as he could not secure habeas relief on that claim even if all of his factual allegations are proven. Therefore, we deny Breedlove's request for an evidentiary hearing on his Brady claim, and affirm the district court's denial of habeas relief on each of Breedlove's eight constitutional claims.

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