ROGERS, Circuit Judge. Joe D’Ambrosio was convicted of murdering Anthony Klann in 1988. After D’Ambrosio discovered evidence that the prosecution had withheld during his trial, he amended his then-pending habeas petition to add a Brady claim. The district court granted the writ. On appeal, the warden argues, for the first time, that D’Ambrosio failed to exhaust his Brady claim and should be required to return to state court to relitigate the claim there. Although D’Ambrosio’s Brady claim was not presented to a state court, we do not dismiss his petition because the warden expressly waived the exhaustion requirement. See 28 U.S.C. § 2254(b)(3). The warden also challenges the district court’s decision on the merits and D’Ambrosio cross-appeals with respect to other issues. For the reasons given by the district court on issues presented to this court, we affirm.