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123495P.pdf 05/28/2014 Deborah Masten v. United States
U.S. Court of Appeals Case No: 12-3495
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Loken, Author, with Murphy and Smith, Circuit Judges]
Prisoner case - habeas. In a habeas where Masten produced expert testimony
regarding whether an enhanced version of a videotape of her leaving the
scene of the crime may have challenged the government's version of the
offense, the district court did not err in rejecting Masten's claim that
the government suppressed evidence in violation of Brady v. Maryland as
Masten knew of the existence of the original videotape used to make the
DVD shown at her trial and she chose not to view it; the prosecution
reasonably believed the DVD accurately depicted the contents of the
videotape and had no reason to believe the videotape contained exculpatory
evidence; finally, the videotape was admitted at trial and Masten has
failed to show what additional information the jury would have received
from viewing the original, unenhanced version of the videotape as opposed
to the DVD.