|
GREGORY LOTT, Petitioner-Appellant, v. MARGARET BAGLEY, Warden, Respondent-Appellee. |
|
Appeal from the United States District Court
for the Northern District of Ohio at Cleveland.
Nos. 95-02642; 04-00822—Kathleen McDonald O’Malley, District Judge.
Argued: June 11, 2008
Decided and Filed: August 8, 2008
Before: BOGGS, Chief Judge; MERRITT and COLE, Circuit Judges.
MERRITT, Circuit Judge. The present question before us in this habeas corpus, murder case, in which Ohio has imposed the death penalty, is whether the trial and post-conviction evidence would now convince a reasonable factfinder that Lott is innocent of the crime. We agree with District Judge O’Malley that the new evidence of prosecutorial wrongdoing does not undermine the finding of guilt, which means that Lott may not proceed with his otherwise procedurally defaulted claim that the State violated his due process rights by failing to turn over certain “exculpatory” information in violation of Brady v. Maryland, 373 U.S. 83 (1963). Hence, we affirm the judgment for the State.