What is the effect of a summary dismissal of a Section 2255 petition relating to the government's failure to disclose exculpatory evidence?
MultiRegion, United States of America
The following excerpt is from Baumann v. U.S., 692 F.2d 565 (9th Cir. 1982):
I concur in Section IV of the majority's opinion, which reverses summary dismissal of that portion of the Section 2255 petition relating to the government's failure to disclose exculpatory evidence as required by Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963).
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