Anton E. Barker v. Gary Fleming

This petition for a writ of habeas corpus presents the question whether the prosecution in a robbery case suppressed evidence in violation of Brady v. Maryland, 373 U.S. 83 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 (1963). In analyzing this issue, the Washington Supreme Court failed to consider the cumulative effect of the undisclosed evidence and thus its decision was contrary to clearly established Supreme Court precedent. 28 U.S.C. § 2254 (d)(l)(permitting grants of habeas corpus where the state court issued a decision that was contrary to, or an unreasonable application of, clearly established federal law); Kyles v. Whitley, 514 U.S. 419 , 436-37 & n. 10, 115 S.Ct. 1555 , 131 L.Ed.2d 490 (1995) (holding that the State’s disclosure obligation under Brady turns on the cumulative effect of the withheld evidence, not an item by item analysis). Even so, we conclude on de novo review that the witness who would have been impeached by the suppressed evidence was so severely discredited and not so critical to the prosecution’s case that there is no reasonable probability that the withheld evidence would have affected the outcome. Accordingly, we affirm the dis trict court’s denial of the…