Another Appeal

Muhammad also claimed prosecutors withheld thousands of pages of documents that could have helped him, including ballistics reports, witness interviews and an FBI profiler's report that the shootings probably were the work of a lone gunman.
Muhammad also claimed prosecutors withheld thousands of pages of documents that could have helped him, including ballistics reports, witness interviews and an FBI profiler's report that the shootings probably were the work of a lone gunman.

Judge Roger Gregory wrote in the opinion that the court did not condone the state's actions, adding that the prosecution should err on the side of disclosure — especially when the defendant is facing a possible death sentence.
"Yet, at this stage of the criminal process, we deal only with actions that were clear violations of the Constitution. While not admirable, the Commonwealth's actions did not violate the Constitution," Gregory wrote.

"So not only was it improper, but it apparently was likely a violation of the constitution, just not a 'clear violation,'" he said in an e-mail to The Associated Press. "I'd call that affirming a death sentence on a technicality