On petition for writ of certiorari to the Criminal District
Court for the Parish of Orleans, Louisiana, Division F.
The petition for a writ of certiorari is denied.
Justice BRENNAN, dissenting.
Adhering to my view that the death penalty is in all
circumstances cruel and unusual punishment prohibited by the Eighth
and Fourteenth Amendments, Gregg v. Georgia,
428 U.S.
153, 227, 2950, 49 L. Ed. 2d 859 (1976), I would grant the
petition for a writ of certiorari and vacate the death sentence in
this case.
Justice MARSHALL, dissenting.
I continue to believe that the death penalty is in all
circumstances cruel and unusual punishment prohibited by the Eighth
and Fourteenth Amendments. Gregg v. Georgia,
428 U.S. 153, 231-241,
2973- 2977 (1976) (MARSHALL, J., dissenting). But even if I did not
hold this view, I would grant this petition for certiorari because
the state courts refused to grant petitioner appropriate relief
for
Page 485 U.S.
1024 , 1025
the State's violation of his rights under Brady v. Maryland,
373 U.S. 83
(1963). In so doing, the state courts countenanced impermissible
official conduct and left the victim of this conduct without
effective constitutional protection.
I
In 1980, petitioner Ronald Monroe was brought to trial in New
Orleans for the murder of Lenora Collins, a neighbor. The State's
case against petitioner consisted solely of eyewitness
identifications by the victim's two children, both of whom were
present when an assailant broke into their mother's bedroom and
stabbed her. There was no physical evidence linking petitioner to
the offense. The jury, apparently crediting the testimony of the
two children, who at the time of the murder were aged 12 and 11,
found petitioner guilty of first-degree murder and unanimously
recommended the death sentence.
Six months after Monroe's conviction, Detective Joseph Gallardo
of the Pontiac, Michigan, Police Department contacted a member of
the New Orleans Police Department to relate information pertinent
to the murder of Lenora Collins. While investigating one George
Stinson's murder of his common-law wife, Detective Gallardo had
received a tip suggesting that Stinson also may have murdered
Collins, who was Stinson's previous wife. This tip appeared
plausible because both women had died from stab wounds to the neck
and chest. Two months after imparting this information, Gallardo
again called the New Orleans police. This time, Gallardo told
Sergeant John McKenzie about a recent interview he had conducted
with Stinson's cellmate. In the interview, the cellmate had quoted
Stinson as first confessing to the Michigan murder and then stating
that "the same thing happened" to Collins. The cellmate also had
reported that Stinson had confessed to threatening his stepchildren
into identifying petitioner as their mother's killer. According to
Gallardo, the Michigan case also contained a suggestion of witness
intimidation.
All of this information was transmitted to the New Orleans
detectives who had handled the investigation of Collins' murder.
These detectives did not make any further inquiries relating to the
Collins case. Neither did the detectives inform petitioner or his
counsel of Gallardo's communications. Not until two years later did
petitioner's counsel discover, through independent investig-
Page 485 U.S.
1024 , 1026
ation, that Gallardo had made these statements to the New
Orleans police.
Petitioner thereupon filed a motion in the Orleans Parish
Criminal District Court seeking release or retrial. Petitioner
alleged that the State had violated his constitutional rights by
failing to disclose the information Gallardo had given to the New
Orleans police. The Criminal District Court denied petitioner's
motion without an evidentiary hearing, asserting that the new
evidence was not sufficiently material to support relief. The
Louisiana Supreme Court denied review. State ex rel. Monroe v.
Maggio, 444 So. 2d 606 (1984).
Approximately two months later, the United States District Court
for the Eastern District of Louisiana granted petitioner's
application for habeas corpus relief. Relying in part on testimony
given at an evidentiary hearing, the District Court held that the
State had violated petitioner's constitutional rights under Brady
v. Maryland, supra, and United States v. Agurs,
427 U.S. 97 (1976), by
failing to disclose the information obtained from Gallardo. The
District Court found that this evidence "create[d] a reasonable
doubt as to Monroe's guilt that did not previously exist." App. to
Pet. for Cert. 5c. The court further found that the State's
responsibility to disclose such evidence continued past the point
of conviction. The court explained that "it is fundamentally unfair
and contrary to society's notions of justice for a prosecutor to
withhold material exculpatory evidence which he acquires while the
defendant is entitled to file a motion for a new trial." Id., at
3c. Having found a Brady violation, the District Court nonetheless
refused petitioner's request for an order directing immediate
release or retrial. The court instead remitted the case to the
state courts so that they could provide appropriate postconviction
relief. Petitioner appealed from the remedial aspect of this
judgment, but the United States Court of Appeals for the Fifth
Circuit affirmed. Monroe v. Blackburn,
748 F.2d
958 (1984). This Court denied petitioner's application for a
writ of certiorari. I dissented then from the Court's failure to
review the relief afforded petitioner. See Monroe v. Blackburn,
476 U.S. 1145
(1986).
On remand, the Orleans Parish Criminal District Court once again
denied petitioner's motion for release or retrial. The state court
first expressly rejected the Federal District Court's prior
determination that a Brady violation had occurred. The state
Page 485 U.S.
1024 , 1027
court reasoned that Brady did not apply to evidence obtained by
state officials after a defendant's trial: in the words of the
state court, "it is impossible to accuse the prosecution of
'suppressing' this material since it did not exist at the time of
trial and therefore could not have been suppressed." App. to Pet.
for Cert. 2a. The court then held that the new evidence did not
entitle petitioner to a new trial under state law . A new trial is
required under Louisiana law whenever newly discovered evidence, if
introduced at the prior trial, would probably have changed the
verdict of guilty. The state court found that the new evidence in
this case, which it termed an "ambiguous utterance by Stinson,"
would not have changed the jury verdict. Id., at 3a. The Louisiana
Supreme Court denied review of the Criminal District Court's
decision, and petitioner again applied for certiorari.
II
The Criminal District Court's pronouncement that no Brady
violation occurred in this case is insupportable. On application
for habeas corpus relief, a Federal District Court previously had
determined that the State's failure to disclose the exculpatory
information received from Detective Gallardo constituted a Brady
violation. The state court had no authority to reconsider or
redecide this issue. Once a federal court has determined a federal
question in a case, a state court must recognize and give effect to
that determination. As this Court stated decades ago:
"[A] right claimed under the Federal
Constitution, finally adjudicated in the Federal courts, can never
be taken away or impaired by state decisions.
* * * * *
". . . Any other conclusion strikes
down the very foundation of the doctrine of res judicata, and
permits the state court to deprive a party of the benefit of its
most important principle, and is a virtual abandonment of the final
power of the Federal courts to protect all who come before them
relying upon rights guaranteed by the Federal Constitution and
established by the judgments of the Federal courts." Deposit Bank
v. Frankfort,
191 U.S.
499, 517, 520, 160, 161 (1903).
See also Stoll v. Gottlieb,
305 U.S. 165, 170-171,
136- 137 (1938); Myers v. International Trust Co.,
263 U.S.
64, 69, 73, 86, 88 (1923). I would have thought this rule too
long established to require reiteration.
Page 485 U.S.
1024 , 1028
By flouting it here, and ignoring the determination of the
Federal District Court that state officials had committed a Brady
violation, the state court acted beyond the scope of its authority
and in disregard of settled law.
Given the finding of the Federal District Court that state
officials had committed a Brady violation when they suppressed the
evidence suggesting that George Stinson rather than petitioner had
murdered Lenora Collins, the state court was required to order the
release or retrial of petitioner. Until now, the invariable remedy
for a prosecutor's or police officer's suppression of material
exculpatory evidence has been an order directing release or
retrial. The State has not pointed to a single case involving a
different remedy, and I am aware of none. Still, the State argues
that because the Brady violation at issue here occurred after
petitioner's conviction, the state courts fully remedied the
violation by giving petitioner an opportunity to demonstrate that
the new evidence entitled him to a second trial under normal
principles of state law. This approach, however, disregards one of
the most fundamental aspects of this Court's Brady jurisprudence.
This Court consistently has drawn a sharp distinction between newly
discovered evidence suppressed by the State and newly discovered
evidence obtained from a neutral source; the Court has reasoned
that if these two categories of evidence were treated in the same
manner, "there would be no special significance to the prosecutor's
obligation to serve the cause of justice." United States v. Agurs,
supra, 427 U.S., at 111. To "remedy" a postconviction Brady
violation merely by evaluating the suppressed evidence under the
state-law standard governing motions for a new trial is to violate
this established principle; such a remedy treats the evidence as if
it had derived from a neutral source and thereby ignores the
dereliction of state officials. In so doing, this remedy removes
from the State any incentive to disclose material exculpatory
evidence gained after conviction and trivializes the constitutional
right recognized by Brady and its progeny. Because I do not believe
that this Court should tolerate such a dilution of the Brady rule,
especially in the context of a capital case in which the withheld
evidence is strongly exculpatory, I dissent from the denial of
certiorari.
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