Published on: Tuesday, March 11, 2025
It may seem surprising that prosecutors felt the need to withhold Brady material to convict a 23-year-old who allegedly stabbed an octogenarian 58 times, bludgeoned him with an iron, and then shoved a lamp down his throat while he was still alive. But that's what they did, failing to disclose that a key witness—who later recanted her testimony—was a compensated gov't informant. Fifth Circuit: "Ms. Holberg’s 27 years on death row is a showcase of the State’s failure to abide by a core structure of prosecution: the Brady doctrine." And so we grant habeas.
The case is Holberg v. Guerrero, 21-70010 (5th Cir. Mar. 7, 2025).