Reis-Campos v. Biter, No. 15-15683 [August 8, 2016]
Reis-Campos argued that his 2007 second-degree murder conviction should be set aside as the prosecution concealed evidence that could have bolstered his self-defense claim. Based on the deferential standard of review the Court affirms as, while they agree there was a Brady violation they decided that it did not sufficiently prejudice Reis-Campos’ defense. Further, the undisclosed evidence would not have impeached the state’s officer sufficiently to undermine his testimony or credibility. His Napue claim was also denied as because Reis-Campos failed to allege the prosecutor had knowledge that the officer’s testimony was false, and it is not clearly established Supreme Court law that a police officer’s knowledge of false testimony may be attributed to the prosecutor, it further falls on materiality for the same reasons as the Brady claim.