Fred Perry v. State of Montana

976 F.2d 737 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Fred PERRY, Petitioner-Appellee, v. STATE of Montana, Respondent-Appellant. No. 91-35285. United States Court of Appeals, Ninth Circuit. Argued and Submitted Jan. 8, 1992. Decided Aug. 18, 1992. As Amended Oct. 6, 1992. Before EUGENE A. WRIGHT, WILLIAM A. NORRIS and CYNTHIA HOLCOMB HALL, Circuit Judges. 1 MEMORANDUM * 2 The State of Montana appeals the district court's order granting Fred Perry's petition for a writ of habeas corpus unless he is afforded a new trial on the ground that the prosecution withheld exculpatory materials in violation of Brady v. Maryland, 373 U.S. 83 (1963). We affirm. 3 * Perry was convicted of second-degree murder in October 1971. The primary witness against Perry was Michael Stillings, who testified that he and Perry had raped Vicki Renville in February 1971 and that Perry had killed her to prevent her from turning them in. Perry was sentenced to life in prison. 4 Before the trial,…