The state Court of Appeals erred when it decided a defendant was not entitled to use as Brady material the psychiatric report of a woman the defendant was accused of sexually assaulting, a federal appeals court held.
The U.S. Court of Appeals for the Second Circuit ruled 2-1 that because the prosecution’s case against Jose Fuentes boiled down to the victim’s claim that he attacked her in Brooklyn in 2002 versus his contention that the sex was consensual, Fuentes’ access to the report was crucial to his defense.
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