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Vaden v. Adams

June 10, 2009

THEODORE BENJAMIN VADEN, PETITIONER,
v.
DARRELL G. ADAMS, ET AL., RESPONDENTS.



The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge

ORDER

Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. In claim three, petitioner alleges a violation of Brady v. Maryland, 373 U.S. 83, 87, 83 S.Ct. 1194 (1963) in that the prosecution failed to disclose deals with the victim witnesses. Petitioner has presented no evidence to support this claim. Rather, he cites portions of the trial transcript, RT 184 and 197.

At page 184, defense counsel cross-examined victim witness Corbin:

Q: Now, you say you have been in drug treatment since November?

A: No, I have been in drug treatment since August. I have been in the transitional since November.

Q: Since August?

A: Yes.

Q: Is the reason that you went into treatment in August because you were ordered to as part--

Prosecutor: Objection, relevance.

Court: No, no, come on. I'm going to sustain it.

RT at 184.

At page 197 defense counsel cross-examined victim witness Oakley:

Q: You have been in drug programs before: ...


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