Shortt

MEMORANDUM **

Petitioner James Darrell Shortt appeals the district court’s denial of his 28 U.S.C. § 2254 habeas corpus petition challenging his jury conviction of murder and robbery. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We reverse and remand with instructions to grant the writ, conditioned upon the state’s decision within 90 days to retry Shortt.

The state violated Shortt’s due process rights when it failed to disclose favorable material evidence regarding prosecution witness Cisneros, and when it failed to correct Cisneros’ false testimony. See Brady v. Maryland, 373 U.S. 83 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 (1963). Specifically, the state failed to disclose that Cisneros had been given sentencing consideration in exchange for his testimony against Shortt and then failed to correct or disclose Cisneros’ perjurious testimony regarding consideration received for his cooperation and testimony. The state also failed to disclose impeaching psychiatric opinions and reports, and probation reports from prior cases involving Cisneros. The Los Angeles County Superior Court’s rejection of those claims was an objectively unreasonable application of clearly established…