Michael Jon Bailey v. Diane Rae, Oregon State Board of Parole and Post Prison Supervision, Chairperson

This petition for writ of habeas corpus presents the question whether a state prosecutor’s failure to disclose therapy reports concerning a victim’s mental capacity constitutes a due process violation under. Brady v. Maryland, 373 U.S. 83 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 (1963). The state criminal convictions at issue, for sexual abuse and sexual penetration, require that the victim be incapable of consent due to a mental defect. Because the reports in question are exculpatory in nature and would have affected the trial in such a way as to undermine our confidence in the jury’s verdict, we conclude that a Brady violation occurred. Under the circumstances, the state court’s decision was both contrary to, and an unreasonable application of, federal law. We reverse the district court’s denial of the petition.

I. FACTUAL AND PROCEDURAL BACKGROUND

This case arises out of a tragic episode involving the sexual abuse of a teenage girl by a trusted family friend and community leader. In March of 1995, fifteen-year-old Rayna Winters discovered a video camera in her bedroom ceiling at her home in Powers, Oregon. The camera was install ed in the attic and contained a scope that extended…