Terence Sandy McCray v. Michael Capra, Superintendent, Sing Sing Correctional Facility
DueProcess HabeasCorpus
When a trial court reviews complainant's psychiatric records for Brady material, must it disclose all records that may affect the outcome, or can it release a non-representative sample?
QUESTIONS PRESENTED 1. When a trial court in a criminal case reviews the complainant’s psychiatric records for Brady material as required by Pennsylvania v. Ritchie, 480 U.S. 39 (1987) and its progeny, may it satisfy its Brady obligation by releasing an incomplete non-representative “sample” of those records which excludes the very information most useful to the defense, or is it required, as this Court stated in Ritchie, to disclose any and all records which “may” affect the outcome of the case? 2. Is the aforesaid “sampling” procedure an unreasonable application of Brady v. Maryland, 373 U.S. 83 (1963), Ritchie, and their progeny, within the meaning of the Antiterrorism and Effective Death Penalty Act “AEDPA”)? 3. Was the decision of the Second Circuit Court of Appeals in all respects properly made? -i