Among the cases turned down by the U.S. Supreme Court is Bowling v. Kentucky, No. 09-6673. The defendant in this case is Ronnie Bowling, not to be confused with Thomas Bowling, co-petitioner in Baze v. Rees, or James Bowling, the trial judge who denied his new trial motion. (There seem to be a lot of Bowlings in Kentucky.)
The Kentucky Supreme Court opinion is here, case 2006-SC-000034-MR. Evidence at Bowling's trial included comparative bullet lead analysis, a technique since discredited. Fortunately, there was lots of other evidence. Bowling robbed three gas stations, killing people at the first two. Fortunately, the third victim was able to take cover and call police. A 30-mile car chase followed, during which Bowling threw his gloves out the window. The gun, matched by ballistics to all three crimes, was also found on the chase route. The surviving victim identified Bowling. Given the unlikelihood the verdict would have been different without the bullet analysis, the trial court was within its discretion to deny a new trial. Three justices dissented.
In another argument that can charitably be described as "creative," defendant claimed a Brady violation on the ground that the prosecutor might have asked the expert if there was a possible innocent explanation for the bullet match. The court patiently explains that nothing in Brady requires the prosecution to cross-examine its own witnesses, and defense counsel could just have easily asked the same question. No dissent on this point.
The Court also turned down Alameida v. Phelps, No. 09-519, a habeas case where the opinion below is unusually whiny, even for Judge Reinhardt.
The Kentucky Supreme Court opinion is here, case 2006-SC-000034-MR. Evidence at Bowling's trial included comparative bullet lead analysis, a technique since discredited. Fortunately, there was lots of other evidence. Bowling robbed three gas stations, killing people at the first two. Fortunately, the third victim was able to take cover and call police. A 30-mile car chase followed, during which Bowling threw his gloves out the window. The gun, matched by ballistics to all three crimes, was also found on the chase route. The surviving victim identified Bowling. Given the unlikelihood the verdict would have been different without the bullet analysis, the trial court was within its discretion to deny a new trial. Three justices dissented.
In another argument that can charitably be described as "creative," defendant claimed a Brady violation on the ground that the prosecutor might have asked the expert if there was a possible innocent explanation for the bullet match. The court patiently explains that nothing in Brady requires the prosecution to cross-examine its own witnesses, and defense counsel could just have easily asked the same question. No dissent on this point.
The Court also turned down Alameida v. Phelps, No. 09-519, a habeas case where the opinion below is unusually whiny, even for Judge Reinhardt.
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