On Point blog, page 1 of 1
Defense win: State’s failure to disclose exculpatory Brady evidence warrants new trial
State v. Frank V. Blonda, 2015AP2431-CR, 4/11/17, District 1, (not recommended for publication); case activity (including briefs).
M.L., the victim in this case, called her sister, Vincenza, and allegedly told her that Blonda had hit her in the head with a telephone. Vicenza reported this to the police. Later, M.L. told the DA’s victim advocate that she did not want to press charges, Blonda did not hit her with the phone, and she had been drinking and wasn’t sure how she had been injured. She also filed a victim impact statement, which said that her injury was due to an accident that happened in Blonda’s absence. Unfortunately, the State didn’t disclose these statements to Blonda until the first and second days of his trial.
State court’s exclusion, on hearsay grounds, of exculpatory evidence didn’t violate right to present defense
Wayne Kubsch v. Ron Neal, 7th Circuit Court of Appeals No. 14-1898, 8/12/15
After being convicted of murdering his wife, her son, and her ex-husband, Kubsch was sentenced to death. He challenged his conviction and sentence in a federal habeas proceeding on three grounds: (1) the Indiana trial court excluded evidence of a witness’s exculpatory hearsay statement to police; (2) his trial counsel was ineffective in seeking admission of the witness’s hearsay statement; and (3) his waiver of counsel and choice to represent himself at the sentencing phase of his trial were not knowing and voluntary. The court, over a dissent by one judge as to the first and second claims, rejects Kubsch’s arguments.