strickler greene warden argued march decided june commonwealth virginia charged petitioner capital murder related crimes open file policy gave petitioner access evidence prosecutor files petitioner counsel file pretrial motion discovery possible exculpatory evidence trial anne stoltzfus gave detailed eyewitness testimony crimes petitioner role one perpetrators prosecutor failed disclose exculpatory materials police files consisting notes taken detective interviews stoltzfus letters written stoltzfus detective cast serious doubt significant portions testimony jury found petitioner guilty sentenced death virginia affirmed subsequent state habeas corpus proceedings petitioner advanced ineffective assistance counsel claim based part trial counsel failure file motion brady maryland disclosure exculpatory evidence known prosecution possession response commonwealth asserted motion unnecessary prosecutor open file policy trial denied relief virginia affirmed petitioner filed federal habeas petition granted access exculpatory stoltzfus materials first time district vacated petitioner capital murder conviction death sentence grounds commonwealth failed disclose materials petitioner consequence received fair trial fourth circuit reversed petitioner procedurally defaulted brady claim raising trial state collateral proceedings addition fourth circuit concluded claim event without merit held although petitioner demonstrated cause failing raise brady claim virginia violate brady progeny failing disclose exculpatory evidence petitioner pp three essential components true brady violation evidence issue must favorable accused either exculpatory impeaching evidence must suppressed state either willfully inadvertently prejudice must ensued record case unquestionably establishes two components contrast terrifying incident stoltzfus confidently described testimony initial statement detective incident seemed trivial episode suffices establish impeaching character undisclosed documents moreover respect documents dispute known commonwealth disclosed trial counsel third component whether petitioner established necessary prejudice difficult element claimed brady violation petitioner acknowledges brady claim procedurally defaulted must first decide whether default excused adequate showing cause prejudice case cause prejudice parallel two three components alleged brady violation suppression stoltzfus documents constitutes one causes failure assert brady claim state courts unless documents material brady purposes see suppression give rise sufficient prejudice overcome procedural default pp petitioner established cause failing raise brady claim prior federal habeas prosecution withheld exculpatory evidence petitioner reasonably relied prosecution open file policy fulfilling prosecution duty disclose evidence commonwealth confirmed petitioner reliance open file policy asserting state habeas proceedings petitioner already received everything known government see murray carrier amadeo zant gray netherland mccleskey zant distinguished need decide whether one two foregoing factors sufficient constitute cause since combination three surely suffices pp however order obtain relief petitioner must convince reasonable probability conviction sentence different suppressed documents disclosed defense adjective important question whether defendant likely received different verdict suppressed evidence whether absence received fair trial understood trial resulting verdict worthy confidence kyles whitley evidence record provides strong support conclusion petitioner convicted capital murder sentenced death even stoltzfus severely impeached testimony excluded entirely notwithstanding obvious significance testimony therefore petitioner show prejudice sufficient excuse procedural default pp affirmed stevens delivered opinion rehnquist scalia ginsburg breyer joined full kennedy souter joined part iii thomas joined parts iv souter filed opinion concurring part dissenting part kennedy joined part ii tommy david strickler petitioner fred greene warden writ certiorari appeals fourth circuit june justice stevens delivered opinion district eastern district virginia granted petitioner application writ habeas corpus vacated capital murder conviction death sentence grounds commonwealth failed disclose important exculpatory evidence petitioner consequence received fair trial appeals fourth circuit reversed petitioner raised constitutional claim trial state collateral proceedings addition fourth circuit concluded petitioner claim event without merit app finding legal question presented case considerably difficult fourth circuit granted certiorari consider whether state violated brady maryland progeny whether acceptable cause petitioner failure raise claim state whether suffered prejudice sufficient excuse procedural default early evening january leanne whitlock sophomore james madison university abducted local shopping center robbed murdered separate trials petitioner ronald henderson convicted three offenses henderson convicted murder noncapital offense whereas petitioner convicted capital murder sentenced death trials woman named anne stoltzfus testified vivid detail whitlock abduction exculpatory material petitioner claims disclosed trial includes documents prepared stoltzfus notes interviews impeach significant portions testimony begin however noting even without stoltzfus testimony evidence record sufficient establish petitioner guilt murder charge whether petitioner convicted capital murder received death sentence testified sufficiently impeached less clear put question context review trial testimony length testimony trial january whitlock borrowed blue mercury lynx boyfriend john dean worked valley shopping mall harrisonburg virginia left apartment intending return car dean mall return car seen alive friends family petitioner mother testified driven petitioner henderson harrisonburg january also testified petitioner always carried hunting knife belonged father two witnesses friend henderson security guard saw petitioner henderson mall afternoon security guard informed around two men one identified trial petitioner attempting steal car parking lot observation remainder afternoon lost sight approximately witness named kurt massie saw blue lynx location augusta county miles harrisonburg short distance cornfield whitlock body later found massie identified petitioner driver vehicle also saw white woman front seat another man back massie noticed car muddy turned route onto dirt road another witness saw lynx buddy market two men sitting front seat witness see anyone else car approximately petitioner henderson arrived dice inn bar staunton virginia stayed four five hours danced several women including four prosecution witnesses donna kay tudor nancy simmons debra sievers carolyn brown henderson gave nancy simmons watch belonged whitlock petitioner spent time tudor later arrested grand larceny based possession blue lynx four women testified tudor arrived dice three noticed nothing unusual petitioner appearance tudor saw blood jeans cut knuckle tudor also testified henderson petitioner left dice together closed search marijuana henderson driving blue lynx petitioner tudor rode back tudor related petitioner leaning toward henderson talking overheard crude conversation reasonably interpreted describing assault murder black person rock crusher tudor stated petitioner made statement implied killed someone give trouble app tudor testified petitioner henderson driving around petitioner took knife threatened stab henderson driving recklessly petitioner began driving january petitioner drove henderson kenneth workman apartment timberville henderson went inside get something petitioner tudor drove without waiting workman testified henderson blood pants stated killed black person petitioner tudor drove motel blue ridge day two later went virginia beach spent rest week petitioner gave tudor pearl earrings whitlock wearing last seen tudor saw whitlock driver license bank card glove compartment car tudor testified petitioner unsuccessfully attempted use whitlock bank card virginia beach petitioner tudor returned augusta county abandoned blue lynx january police identified car dean found petitioner tudor fingerprints inside outside car also found shoe impressions matched soles shoes belonging petitioner inside car retrieved jacket contained identification papers belonging henderson police also recovered bag petitioner mother house tudor testified petitioner left returned virginia beach bag contained among items three identification cards belonging whitlock black tank top shirt later found human blood semen stains tr january farmer called police advise found henderson wallet search area led discovery whitlock frozen nude battered body rock spotted blood lay nearby forensic evidence indicated whitlock death caused multiple blunt force injuries head app location rock human blood rock suggested used inflict injuries based contents whitlock stomach medical examiner determined died fewer six hours last eaten number caucasian hair samples found scene three probably petitioner given weight rock prosecution argued one killers must held victim struck murder weapon donna tudor estranged husband jay tudor called defense testified march told present murder scene petitioner participate murder jay tudor testimony inconsistent several respects witnesses example testified several days elapsed time petitioner henderson donna tudor picked whitlock time whitlock murder anne stoltzfus testimony anne stoltzfus testified two occasions january saw petitioner henderson blonde girl inside harrisonburg mall later witnessed abduction whitlock parking lot call police week half incident discussed classmates james madison university whitlock students one called police next night detective visited following morning went police station told story detective claytor member harrisonburg city police department detective claytor showed photographs possible suspects identified petitioner henderson absolute certainty stated slight reservation identification blonde woman trial stoltzfus testified january daughter music land store mall looking compact disc waiting assistance clerk petitioner described mountain man blonde girl entered petitioner revved impatient frightened backed bumping henderson called shy guy thought felt something hard pocket coat stoltzfus left store intending return later heading back toward music land encountered threesome shy guy walking followed girl mountain man yelling donna donna donna girl bumped stoltzfus asked directions bus stop three left first stoltzfus tried follow concern petitioner behavior lost headed back music land clerk returned daughter went car driving another store saw shiny dark blue car driver beautiful well dressed happy singing blue car stopped behind minivan stop sign stoltzfus saw petitioner third time testified mountain man came tearing mall entrance door went driver van really mad ran back banged back backside van went back mall entrance wall shy guy blonde girl standing left van truck turn mountain man came first going passenger side pickup truck petitioner came back black girl car pounded passenger window shook car yanked door open jumped motioned blonde girl shy guy get driver stepped gas laid horn go people walking front car horn blew long time petitioner started hitting left shoulder right shoulder looked like started hitting head became concerned upset beeped honked horn stopped honking horn stopped hitting opened door blonde girl got back shy guy followed got behind stoltzfus pulled car parallel blue car got moment got back leaned ask repeatedly driver driver looked frozen mouthed inaudible response stoltzfus started drive away realized word possibly help blue car drove slowly around went curb horn honking headed mall stoltzfus briefly followed told daughter write license number inch index card left home empty gas tank three kids home waiting supper trial stoltzfus identified whitlock picture driver car pointed petitioner mountain man asked pretrial publicity murder influenced identification stoltzfus replied absolutely explained irst exceptionally good memory close contact petitioner made emotional impression behavior caught attention paid attention absolutely doubt identification commonwealth produce witnesses abduction stoltzfus daughter testify stoltzfus documents materials provide basis petitioner brady claim consist notes taken detective claytor interviews stoltzfus letters written stoltzfus claytor cast serious doubt stoltzfus confident assertion exceptionally good memory content documents critical petitioner procedural substantive claims summarize content exhibit handwritten note prepared detective claytor first interview stoltzfus january two weeks crime note indicates identify black female victim person stoltzfus apparently identify time white female exhibit document prepared detective claytor time febrary contains summary interviews stoltzfus conducted january january time sure whether identify white males felt sure identify white female exhibit entitled observations includes summary abduction exhibit letter written stoltzfus claytor three days first interview clarify confusion letter remembered mall daughter helped jog memory description abduction includes comment vague memory sure seems wild guy saw come running door bus bus pulling guy saw came running black girl memories person postscript noted daughter remember seeing people get black girl car ibid exhibit note claytor captioned impressions car contains three paragraphs describing size car comparing stoltzfus volkswagen rabbit mentioning license plate number vividly recalled trial exhibit brief note stoltzfus claytor dated january stating spending several hours john dean whitlock boyfriend looking current photos identified whitlock beyond shadow doubt district noted time trial identification expanded include description clothing appearance college kid singing happy exhibit letter stoltzfus detective claytor dated january thanks patience sometimes muddled memories student school called police never made associations helped make exhibit undated summarizes events described trial testimony stoltzfus commented card nice remembered time simply gone police information totally wrote trivial episode college kids carrying proceeded college load jmu monday january cleaning car found card tore little pieces put bottom trash bag dispute parties whether petitioner counsel saw exhibits trial prosecuting attorney conceded never saw exhibits long petitioner trial file made available petitioner purposes case therefore assume petitioner proceeded trial without seen exhibits state proceedings petitioner tried augusta county whitlock body found charges capital murder robbery abduction prosecutor maintained open file policy gave petitioner counsel access evidence augusta county prosecutor files petitioner counsel file pretrial motion discovery possible exculpatory evidence closing argument petitioner lawyer effectively conceded evidence sufficient support robbery abduction charges well lesser offense murder argued evidence insufficient prove petitioner guilty capital murder judge instructed jury petitioner found guilty capital charge evidence established beyond reasonable doubt jointly ticipated fatal beating active immediate participant act acts caused victim death jury found petitioner guilty abduction robbery capital murder listening testimony arguments presented sentencing phase jury made findings vileness future dangerousness unanimously recommended death sentence judge later imposed virginia affirmed conviction sentence strickler commonwealth held trial properly instructed jury joint perpetrator theory capital murder evidence viewed favorably support verdict amply supported prosecution theory petitioner henderson active participants actual killing december augusta county circuit appointed new counsel represent petitioner state habeas corpus proceedings state habeas counsel advanced claim based part trial counsel failure file motion brady maryland commonwealth disclose defense exculpatory evidence known possession app answer claim commonwealth asserted motion unnecessary prosecutor maintained open file policy circuit dismissed petition state affirmed strickler murray federal habeas corpus proceedings march petitioner filed federal habeas corpus petition eastern district virginia district entered sealed ex parte order granting petitioner counsel right examine copy police prosecution files case district record doc order led petitioner counsel first examination stoltzfus materials described supra based discovery exhibits petitioner first time raised direct claim conviction invalid prosecution failed comply rule brady maryland district granted commonwealth motion dismiss claims except petitioner contention commonwealth violated brady received ineffective assistance counsel denied due process law fifth fourteenth amendments order denying commonwealth motion dismiss district found petitioner demonstrated cause failure raise claim earlier efense counsel independent access material commonwealth repeatedly withheld throughout petitioner state habeas proceeding app reviewing stoltzfus materials making assumption three disputed exhibits available defense district concluded failure disclose five sufficiently prejudicial undermine confidence jury verdict granted summary judgment petitioner granted writ appeals vacated part remanded held petitioner brady claim procedurally defaulted factual basis claim available time filed state habeas petition given knew stoltzfus interviewed harrisonburg police officers opined reasonably competent counsel sought discovery state police files response simple request likely state ordered production files therefore appeals reasoned address brady claim unless petitioner demonstrate cause actual prejudice fourth circuit precedent party establish cause excuse default known claims exercise reasonable diligence app citing stockton murray already decided claim available reasonably competent counsel fourth circuit stated basis finding procedural default also foreclosed finding cause moreover appeals reasoned petitioner fault trial lawyers failure make brady claim reasonably relied prosecutor open file policy app alternative basis decision appeals also held petitioner establish prejudice stoltzfus materials provided little help either guilt sentencing phases trial respect guilt noted stoltzfus testimony relevant petitioner argument guilty murder rather capital murder henderson rather actually killed whitlock respect sentencing concluded testimony import findings future dangerousness vileness rested evidence finally noted even get beyond procedural default brady claim fail merits absence prejudice app appeals therefore reversed district judgment remanded case instructions dismiss petition ii first question order granting certiorari directed parties address whether state violated brady rule begin analysis identifying essential components brady violation brady held suppression prosecution evidence favorable accused upon request violates due process evidence material either guilt punishment irrespective good faith bad faith prosecution brady maryland since held duty disclose evidence applicable even though request accused agurs duty encompasses impeachment evidence well exculpatory evidence bagley evidence material reasonable probability evidence disclosed defense result proceeding different see also kyles whitley moreover rule encompasses evidence known police investigators prosecutor order comply brady therefore individual prosecutor duty learn favorable evidence known others acting government behalf case including police kyles cases together earlier cases condemning knowing use perjured testimony illustrate special role played american prosecutor search truth criminal trials within federal system example said attorney representative ordinary party controversy sovereignty whose obligation govern impartially compelling obligation govern whose interest therefore criminal prosecution shall win case justice shall done berger special status explains basis prosecution broad duty disclosure conclusion every violation duty necessarily establishes outcome unjust thus term brady violation sometimes used refer breach broad obligation disclose exculpatory evidence suppression brady material although strictly speaking never real brady violation unless nondisclosure serious reasonable probability suppressed evidence produced different verdict three components true brady violation evidence issue must favorable accused either exculpatory impeaching evidence must suppressed state either willfully inadvertently prejudice must ensued two components unquestionably established record case contrast terrifying incident stoltzfus confidently described testimony initial perception event trivial episode college kids carrying daughter even notice suffices establish impeaching character undisclosed documents moreover respect least five documents dispute fact known state disclosed trial counsel third component whether petitioner established prejudice necessary satisfy materiality inquiry difficult element claimed brady violation case petitioner acknowledges brady claim procedurally defaulted must first decide whether default excused adequate showing cause prejudice case cause prejudice parallel two three components alleged brady violation suppression stoltzfus documents constitutes one causes failure assert brady claim state courts unless documents material brady purposes suppression give rise sufficient prejudice overcome procedural default iii commonwealth expressly disavows reliance fact petitioner brady claim raised trial brief respondent consistently argued claim defaulted raised state habeas corpus exercise due diligence ibid despite concession appropriate begin analysis cause issue explaining petitioner reasons failing raise brady claim trial acceptable cases three factors explain trial counsel advance claim documents suppressed commonwealth prosecutor maintained open file policy trial counsel aware factual basis claim first second factors open file policy fairly characterized conduct attributable state impeded trial counsel access factual basis making brady claim explained murray carrier factors ordinarily establish existence cause procedural default reasonable trial counsel rely presumption prosecutor fully perform duty disclose exculpatory materials also implicit representation materials included open files tendered defense counsel examination think reliance counsel appointed represent petitioner state habeas proceedings equally reasonable indeed murray expressly noted standard cause vary depending timing procedural default commonwealth contends however prosecution maintenance open file policy include purported contain irrelevant factual basis assertion brady claim available state habeas counsel presses two factors support assertion first argues examination stoltzfus trial testimony well letter published local newspaper made clear several interviews detective claytor second fact federal district entered order allowing discovery harrisonburg police files indicates diligent counsel obtained similar order state find neither factor persuasive although true petitioner lawyers trial proceedings must known stoltzfus multiple interviews police means follows known records pertaining interviews notes stoltzfus sent detective existed suppressed indeed commonwealth correct exhibits prosecutor open file especially unlikely counsel suspected additional impeaching evidence withheld prosecutor must known newspaper articles stoltzfus meetings claytor yet believe prosecution file incomplete furthermore fact district entered broad discovery order even federal habeas counsel advanced brady claim demonstrate state also done indeed understand virginia law commonwealth position petitioner entitled discovery state habeas proceedings without showing good cause even pursuant broader discovery provisions afforded trial petitioner access materials virginia law except modified brady mere speculation exculpatory material may withheld unlikely establish good cause discovery request collateral review opinion suspicion suffice impose duty counsel advance claim evidentiary support proper respect state procedures counsels requirement possible claims raised state collateral proceedings even known facts support presumption well established tradition experience prosecutors fully discharged official duties mezzanatto inconsistent novel suggestion conscientious defense counsel procedural obligation assert constitutional error basis mere suspicion prosecutorial misstep may occurred commonwealth position cause issue particularly weak case state habeas proceedings confirmed petitioner justification failure raise brady claim already noted alleged trial counsel incompetent advanced claim warden responded pointing need counsel voluntarily given full disclosure everything known government given representation petitioner basis believing commonwealth failed comply brady trial commonwealth also argues decisions gray netherland mccleskey zant preclude conclusion cause petitioner default adequate cases however petitioner previously aware factual basis claim failed raise earlier see gray mccleskey context brady claim defendant conduct reasonable diligent investigation mandated mccleskey preclude finding procedural default evidence hands state controlling precedents cause murray carrier amadeo zant explained latter case district attorney memorandum reasonably discoverable concealed putnam county officials concealment rather tactical considerations reason failure petitioner lawyers raise jury challenge trial petitioner established ample cause excuse procedural default precedents suggestion tactical considerations played role petitioner failure raise brady claim state moreover brady inadvertent nondisclosure impact fairness proceedings deliberate concealment suppression evidence results constitutional error character evidence character prosecutor agurs summary petitioner established cause failing raise brady claim prior federal habeas prosecution withheld exculpatory evidence petitioner reasonably relied prosecution open file policy fulfilling prosecution duty disclose evidence commonwealth confirmed petitioner reliance open file policy asserting state habeas proceedings petitioner already received everything known government need decide case whether one two factors sufficient constitute cause since combination three surely suffices iv differing judgments district appeals attest difficulty resolving issue prejudice unlike fourth circuit believe stolzfus sic materials provided little help strickler either guilt sentencing phases trial app without doubt stoltzfus testimony prejudicial sense made petitioner conviction likely testified discrediting testimony might changed outcome trial however standard petitioner must satisfy order obtain relief must convince us reasonable probability result trial different suppressed documents disclosed defense stressed kyles adjective important question whether defendant likely received different verdict evidence whether absence received fair trial understood trial resulting verdict worthy confidence appeals negative answer question rested conclusion without considering stoltzfus testimony record contained ample independent evidence guilt well evidence sufficient support findings vileness future dangerousness warranted imposition death penalty standard used incorrect made clear kyles materiality inquiry matter determining whether discounting inculpatory evidence light undisclosed evidence remaining evidence sufficient support jury conclusions id rather question whether favorable evidence reasonably taken put whole case different light undermine confidence verdict district judge decided hold evidentiary hearing determine whether exhibits disclosed defense satisfied potentially devastating impeachment material contained five warranted entry summary judgment petitioner favor app district conclusion admittedly undisclosed documents sufficiently important establish violation brady rule supported prosecutor closing argument argument relied stoltzfus testimony demonstrate petitioner violent propensities establish instigator leader whitlock abduction inference murder prosecutor emphasized importance stoltzfus testimony proving abduction lucky enough eyewitness saw happened parking lot lot cases lot cases theorize happened actual abduction stoltzfus saw happened app given record evidence involving henderson district concluded without stoltzfus testimony jury might persuaded henderson rather petitioner ringleader reasoned reasonable probability conviction rather capital murder sufficed establish materiality undisclosed stoltzfus materials thus brady violation app district surely correct reasonable possibility either total substantial discount stoltzfus testimony might produced different result either guilt sentencing phases petitioner example introduce substantial mitigating evidence abuse suffered child hands stepfather district recognized however petitioner burden establish reasonable probability different result kyles even stoltzfus testimony entirely discredited jury might still concluded petitioner leader criminal enterprise one seen driving car kurt massie near location murder one kept car following week addition tudor testified petitioner threatened henderson knife later evening importantly however petitioner guilt capital murder depend proof dominant partner proof equal participant henderson sufficient judge instructions accordingly strong evidence henderson killer entirely consistent conclusion petitioner also actual participant killing furthermore considerable forensic physical evidence linking petitioner crime weight size rock character fatal injuries victim powerful evidence supporting conclusion two people acted jointly commit brutal murder recognize importance eyewitness testimony stoltzfus provided disinterested narrative account transpired january however stoltzfus vivid description events mall evidence jury two eyewitnesses security guard henderson friend placed petitioner henderson harrisonburg valley shopping mall afternoon whitlock murder one eyewitness later saw petitioner driving dean car near scene murder record provides strong support conclusion petitioner convicted capital murder sentenced death even stoltzfus severely impeached jury instructed two predicates capital murder robbery deadly weapon abduction intent defile state habeas virginia rejected procedurally barred petitioner challenge jury instruction ground abduction intent defile predicate capital murder victim age issue us even assuming however predicate erroneous armed robbery still supported capital murder conviction petitioner argues prosecution evidence armed robbery flowed almost entirely inferences stoltzfus testimony especially statement henderson hard object coat mall brief petitioner argument however ignores fact petitioner mother tudor provided direct evidence petitioner knife day crime addition prosecution contended closing argument rock knife murder weapon prosecution advance theory petitioner knife got car whitlock specifically argue petitioner used knife robbery petitioner also maintains suffered prejudice failure disclose stoltzfus documents testimony impacted jury decision impose death penalty testimony however relate eligibility death sentence relied upon prosecution closing argument penalty phase respect jury discretionary decision impose death penalty true stoltzfus described petitioner violent aggressive person portrayal surely damaging either evidence spent evening murder dancing drinking dice powerful message conveyed rock part record jury notwithstanding obvious significance stoltzfus testimony petitioner convinced us reasonable probability jury returned different verdict testimony either severely impeached excluded entirely petitioner satisfied two three components constitutional violation brady exculpatory evidence nondisclosure evidence prosecution petitioner also demonstrated cause failing raise claim trial state postconviction review however petitioner shown reasonable probability conviction sentence different materials disclosed therefore show materiality brady prejudice failure raise claim earlier accordingly judgment appeals affirmed tommy david strickler petitioner fred greene warden writ certiorari appeals fourth circuit june justice souter justice kennedy joins part ii concurring part dissenting part look case much starting view part iii join strickler shown cause excuse procedural default brady claim like think clear materials withheld exculpatory devastating ammunition impeaching stoltzfus see ante even question prejudice materiality ultimately part company majority persuaded strickler failed establish reasonable probability materials withheld disclosed found guilty capital murder see ante says however prejudice enquiry stop conviction goes step sentencing process jury consideration aggravating facts jury discretionary recommendation death sentence finds requisite aggravating factors judge discretionary decision follow jury recommendation see ante respect penultimate step determining sentence think strickler carried burden believe reasonable probability take mean significant possibility disclosure stoltzfus materials led jury recommend life death respectfully dissent get analysis prejudice say something standard identifying unfortunate phrasing shorthand version standard customarily couched speaks terms familiar perhaps familiarly deceptive formulation whether reasonable probability different outcome evidence withheld disclosed rightly cautions standard intended words require defendants show different outcome likely suppressed evidence let alone without materials withheld evidence insufficient support result reached see nte kyles whitley instead restates question done elsewhere whether favorable evidence reasonably taken put whole case different light undermine outcome ante quoting kyles supra despite repeated explanation shorthand formulation words continued use term probability raises unjustifiable risk misleading courts treating akin demanding standard likely short phrases cases getting inevitably imprecise agurs think significant possibility better capturing degree undisclosed evidence place actual result question sufficient warrant overturning conviction sentence see need recall brady evolution since appearance rule originally stated suppression prosecution evidence favorable accused upon request violates due process evidence material either guilt punishment irrespective good faith bad faith prosecution brady maryland brady explain meant material perhaps assuming term given usual meaning law evidence see bagley marshall dissenting first essayed partial definition agurs supra identified three situations arguably within ambit brady said first involving knowing use perjured testimony reversal required reasonable likelihood false testimony affected verdict agurs supra citing giglio turn quoting napue illinois treated reasonable likelihood synonymous reasonable possibility thus equated materiality cases showing suppression evidence harmless beyond reasonable doubt bagley supra opinion blackmun see also brecht abrahamson defining standard reasonable possibility trial error contributed verdict chapman california agurs thought less demanding standard appropriate prosecution fails turn materials absence specific request although refrained attaching label standard explained falling level yet another criterion whether reviewing conviction sure error influence jury slight effect quoting kotteakos finally bagley supra embraced reasonable probability appropriate standard judge materiality information withheld prosecution whether defense asked first bagley took phrase strickland washington used level prejudice needed make claim constitutionally ineffective assistance counsel strickland turn cited two cases formulation agurs contain expression reasonable probability held sanctions government deportation potential defense witness appropriate reasonable likelihood lost testimony affected judgment trier fact circuitous path came adopt reasonable probability different result rule brady materiality suggests several things first reasonable possibility reasonable likelihood kotteakos standard reasonable probability express distinct levels confidence concerning hypothetical effects errors decisionmakers reasoning differences among standards slight second gap three formulations likely greater differences among third larger gap misleading brady cases use term probability naturally read cognate probably thus confused likely see morris mathews apparently treating reasonable probability synonymous probably id blackmun concurring judgment cautioning confusing reasonable probability likely better speaking significant possibility different result characterize brady materiality standard even given soft edges phrases touchstone enquiry must remain whether evidentiary suppression undermines confidence factfinder reached result ii even keeping mind caveats appropriate level materiality applying standard facts case give easy answers candidly acknowledges see ante indeed concedes discrediting stoltzfus testimony might changed outcome trial ante district surely correct find reasonable possibility either total substantial discount stoltzfus testimony might produced different result either guilt sentencing phases ante end however finds undisclosed evidence inadequate undermine confidence jury sentencing recommendation whereas find sufficient since apply standard record differing conclusions largely reflect different assessments significance jurors probably ascribed stoltzfus testimony assessment turns two points first believe making ultimate judgment done one several participants crime appalling jurors likely given weight degree initiative leadership exercised particular defendant second believe testimony comes close prominence force stoltzfus account showing strickler unquestionably dominant member trio involved whitlock abduction aggressive moving figure behind murder although stoltzfus prosecution first witness first describe strickler detail thus providing frame remainder story prosecution presented jury start stoltzfus testimony strickler mountain man male companion shy guy labels whose repetition dozen times prosecutor well stoltzfus must left jurors clear sense relative roles strickler henderson played crimes followed stoltzfus observation according first saw strickler sort instinctively backed frightened app unlike retiring shy guy strickler revved even describing first encounter strickler inside mall stoltzfus spoke domineering impatient character yelling female companion blonde girl join describing detail mountain man blonde girl dressed stoltzfus said mountain man came tearing mall entrance door went driver van really mad ran back banged back backside van shy guy blonde girl hung back mountain man approached pickup truck pounded front passenger side window whitlock car shook shook car door banging banging window whitlock checked see door locked ibid finally really shook hard tell mad shook really hard door opened jumped faced whitlock tried push away mountain man motioned blonde girl shy guy come girl bidden started jump car jumped back whitlock stepped gas mountain man started hitting whitlock left shoulder right shoulder head finally open ing door blonde girl got back shy guy followed got behind shy guy passed mountain man tan coat mountain man fiddled seemed like long time sat back faced whitlock two back seat sat back relaxed ibid stoltzfus claimed got car went whitlock whereupon unassertive shy guy instinctively jumped know laid seat hide stoltzfus pulled next whitlock car repeatedly asked whitlock responded eye contact smile expression ust serious looked right suggesting strickler holding weapon finally whitlock mouthed something stoltzfus demonstrated jury explained realized must word help without rejecting notion jurors discretion sentencing influenced relative dominance one accomplice among others shocking crime regard stoltzfus colorful testimony anything significant matter sentence stoltzfus alone described strickler initiator abduction one broke whitlock car beckoned companions follow violently subdued victim shy guy sat back seat bare content testimony important enough enhanced one inherent hallmarks reliability stoltzfus confidently recalled detail detail withheld documents shown however many details stoltzfus confidently mentioned stand strickler appearance whitlock appearance hour day episode occurred daughter alleged notation license plate number whitlock car apparently escaped memory initial interviews police persuasive account come indeed recollection aided conversations police victim boyfriend therefore assess likely havoc informed wreaked upon stoltzfus adequate raise significant possibility different recommendation sufficient undermine confidence death recommendation choice taken one juror hold death preclude recommendation actually given course deny evidence dominant role probably considered jury instead doubts consideration evidence bearing figured prominently juror mind fulcrum confidence convinced reasons emphasizes brutal manner killing strickler want remorse jury considerations diminishing relative importance strickler position ringleader see ante without doubt jurors considered important factors without doubt may treated sufficient warrant death says sufficiency evidence facts supports brady standard significance brutality sangfroid must surely complemented certainty without strickler abduction ensuing murder concludes stoltzfus testimony unlikely significant influence jury sentencing recommendation prosecutor made mention testimony closing statement sentencing proceeding see ante although entirely right prosecution gave prominence stoltzfus testimony sentencing stage state closing actually include two brief references strickler behavior grabbing complete stranger abducting record see also relevant jury determination future dangerousness since strickler criminal record convictions involving actual violence point defense counsel stressed closing argument see jurors may well given weight stoltzfus lively portrait strickler aggressive leader group came assess future dangerousness important common experience supported least one empirical study see bowers sandys steiner foreclosed impartiality capital sentencing jurors predispositions experience premature decision making cornell rev tells us evidence arguments presented guilt phase capital trial often significant effect jurors choice sentence true stoltzfus testimony directly discussed circumstances whitlock abduction impact jury almost certainly broader prosecutor recognized jury rendered verdict guilt example defense moved judgment acquittal capital murder charge based insufficiency evidence prosecutor argument replied evidence clearly shows man aggressor one ran one grabbed leanne whitlock struggled trying get away one started beating car finally subdued enough make drive away mall start principle aggressor record stoltzfus testimony helped establish principle prosecutor put strickler aggressor dominant figure whole sequence criminal events including murder abduction defense called stoltzfus credibility question jurors belief strickler chief aggressor might undermined point least one hesitated recommend death suggests jury might concluded strickler leader based three pieces evidence kurt massie identification strickler driver whitlock car way toward field killed donna tudor testimony strickler kept car following week tudor testimony strickler threatened henderson knife later evening murder going look testimony stop accuracy massie tudor testimony open question subject evidence henderson taken major role murder quoted district summation evidence ante henderson wallet found near body clothes bloody presented woman friend victim watch postmortem celebration left driving victim car confessed friend killed unidentified black person totality evidence jurors well little certainty charge doubt leader believed stoltzfus ultimately accept discount stoltzfus brady sentencing calculus reason repeatedly emphasized undeniable narrative force said matter much witnesses placed strickler shopping mall afternoon murder ante stoltzfus testimony directly address aggravating factors found ante important evidence presented gripping story see loftus doyle eyewitness testimony civil criminal ed esearch redoundingly proves story format powerful key juror decision making message strickler madly energetic leader two morally apathetic accomplices passive direction one reasonably confident single juror different perspective impeachment destroyed credibility story accordingly vacate sentence remand reconsideration extent respectfully dissent footnotes opinion appeals unreported judgment order reported strickler pruett opinion district also unreported petitioner tried may henderson fled state later apprehended oregon tried march workman called defense witness whitlock roommate testified whitlock dinner january left mall return dean car testified appearances great detail stated petitioner kind multi layer look wore grey harley davidson insignia prosecutor showed stoltzfus shirt stained blood semen police discovered petitioner mother house asked shirt saw petitioner wearing mall replied app henderson either white light colored shirt probably short sleeve knit shirt pants neat old blue jeans may new blue jeans may dressy slacks sort woman blonde hair kind shaggy cut back blue eyes real sweet smile kind small mouth touch freckles face stoltzfus stated girl caught button soltzfus open weave sweater remember attire said fourteen old daughter write license number know west virginia nka said help remember kids alone said remember age materials originally attached affidavit submitted petitioner motion summary judgment federal petition habeas corpus district appeals referred documents exhibit numbers done district pointed however omits reference fact stoltzfus originally said identify victim fact recorded handwritten notes stoltzfus trial testimony made mention meeting dean prosecutor recalled exhibits open file lawyer represented henderson trial swore file recollection petitioner trial counsel somewhat equivocal lead defense counsel sure seen documents ibid petitioner lawyer signed affidavit effect remember information contained documents recall seen specific documents although parties advanced explanation documents perhaps inadvertent consequence fact harrisonburg rockingham county trial conducted augusta county prosecutor note however prosecutor responsible favorable evidence known others acting government behalf case including police kyles whitley thus commonwealth prosecutor charged knowledge stoltzfus materials purposes brady maryland federal habeas proceedings prosecutor gave following sworn answer interrogatory requesting state materials disclosed defense counsel pursuant brady disclosed entire prosecution file strickler defense counsel prior strickler trial allowing inspect entire prosecution file including limited police reports file witness statements file app petitioner trial counsel shared prosecutor understanding open file policy affidavit filed state habeas proceeding stated thoroughly investigated petitioner case aided prosecutor office gave us full access files evidence intended present made numerous visits office examine files result cooperation introduced nothing trial previously unaware pleadings state habeas commonwealth explained inception case prosecutor files open petitioner counsel petitioner attorneys made numerous visits prosecutor offices reviewed evidence commonwealth intended present given counsel voluntarily given full disclosure everything known government need formal brady motion commonwealth theory case strickler henderson acted jointly accomplish actual killing contended trial argues appeal physical evidence points violent struggle assailants victim strickler hair actually torn roots although leanne beaten kicked none injuries sufficient immobilize skull crushed rock commonwealth argument goes rock dropped head least twice ground leaving two bloodstained depressions frozen earth necessary held one assailant lifted rock dropped head weight dimensions bloodstained rock introduced evidence exhibit made apparent single person lifted dropped thrown simultaneously holding victim bloodstains henderson jacket well strickler clothing tended corroborate commonwealth theory two men immediate presence victim body fatal blows struck hence jointly participated killing strickler see supra petitioner later voluntarily dismissed claim app reasons entirely understand appeals thus concluded reasonable trial counsel rely open file policy unreasonable postconviction counsel see mooney holohan per curiam pyle kansas napue illinois consider example comment dissenting opinion kyles whitley petitioner burden show light evidence including untainted brady violation reasonably probable jury entertained reasonable doubt regarding petitioner guilt scalia dissenting reject commonwealth contention documents fall brady inculpatory brief respondent cases make clear brady disclosure requirements extend materials whatever characteristics may used impeach witness bagley precise dimensions open file policy may vary jurisdiction jurisdiction case clear prosecutor use term meant entire prosecution file made available defense app see also supra certainly criticize prosecution use open file policy recognize practice may increase efficiency fairness criminal process merely note prosecutor asserts complies brady open file policy defense counsel may reasonably rely file contain materials state constitutionally obligated disclose brady think existence cause procedural default must ordinarily turn whether prisoner show objective factor external defense impeded counsel efforts comply state procedural rule without attempting exhaustive catalog objective impediments compliance procedural rule note showing factual legal basis claim reasonably available counsel see reed ross interference officials brown allen made compliance impracticable constitute cause standard murray see also amadeo zant stoltzfus testified meeting claytor least three times app letter appeared july petitioner trial harrisonburg daily stoltzfus stated never occurred witnessing abduction fact intelligent persistent professional work detective daniel claytor still realize sounded like coherent story trial result incredible effort police fit zillion little puzzle pieces one big picture stoltzfus also gave pretrial interview reporter roanoke times conflicted respects trial testimony principally identified blonde woman mall tudor defense discover copies notes stoltzfus refused speak defense counsel trial parties unable provide record illuminate factual basis district entered discovery order granted ex parte seal furnished broad access records relating petitioner district record doc fourth circuit since found federal district courts possess authority issue ex parte discovery orders habeas proceedings pruett express opinion fourth circuit decision question however note unlikely petitioner granted state sweeping discovery led stoltzfus materials since virginia law limits discovery available state habeas indeed even clear right discovery federal see infra virginia law provides discovery shall allowed proceeding writ habeas corpus nature coram nobis without prior leave may deny limit discovery proceeding sup rule see also yeatts murray commonwealth acknowledges petitioner entitled discovery virginia law brief respondent see sup rule expressly excludes defendants discovery inspection statements made wealth witnesses prospective commonwealth witnesses agents commonwealth reports memoranda internal commonwealth documents made agents connection investigation prosecution case except scientific reports accused alleged victim virginia found petitioner afforded discovery entitled direct review limited discovery permitted criminal cases rules strickler benefit discovery entitled rules rights extend general production evidence except limited areas prescribed rule strickler commonwealth statement quoted full supra respondent argues representation dispositive made warden motion dismiss therefore excuse failure include brady claim petitioner original state habeas pleading find timing statement irrelevant since warden response merely summarizes state open file policy instituted prosecution inception case furthermore opposition petitioner motion state habeas review funds investigator commonwealth argued strickler petition contains separate habeas claims requesting appointment investigator procure necessary factual basis support certain petitioner claims motion petitioner implicitly conceding aware factual support claims already made respondent agrees app light assertions fail see commonwealth believes petitioner shown good cause sufficient get discovery brady claim state habeas reach raised case impact showing state defendant aware existence documents question knew reasonably discover obtain although gray involved procedurally defaulted brady claim case found petitioner made attempt demonstrate cause prejudice default gray noteworthy reasons relied mccleskey distinguish amadeo also apply case case differs amadeo two crucial respects first finding state concealed evidence second even state intentionally concealed document concealment establish cause light mccleskey knowledge information document initial concealment prevented raising claim first federal petition since opinion modify brady reject commonwealth contention announce new rule today see bousley district summarized evidence henderson henderson clothes blood night henderson property belonging whitlock gave watch woman simmons restaurant known dice inn tr henderson left dice inn driving whitlock car henderson wallet found vicinity whitlock body possibly lost struggle significantly henderson confessed friend night murder killed unidentified black person friend observed blood henderson jeans app sentencing trial discussed mitigation evidence charge capital murder difficult sit listen testimony petitioner mother strickler two sisters feel great great deal sympathy person childhood life like strickler way responsible circumstances birth brutalized minute almost minute born certainly limitations ability born extremely difficult help difficult look case like feel anything sympathy sentencing hearing record trial stated petitioner sentencing hearing facts case support jury verdict one strickler control situation control shopping center harrisonburg control car went field north waynesboro control thereafter ended car question control entire situation judge gave following instruction petitioner trial may find defendant guilty capital murder evidence establishes defendant jointly participated fatal beating established beyond reasonable doubt defendant active immediate participant act acts caused victim death strickler commonwealth virginia affirmed propriety instruction petitioner direct appeal id also consistent fact henderson convicted murder acquitted capital murder jury unlike petitioner instructed convict capital murder found inflict ed fatal blows henderson jury instructed one present aiding abetting actual killing inflict fatal blows cause death principle sic second degree may found guilty capital murder find defendant guilty capital murder evidence must establish beyond reasonable doubt defendant active immediate participant acts caused death app henderson trial took place virginia affirmed trial instruction joint perpetrator theory embodied given petitioner trial strickler commonwealth petitioner trial judge rejected one petitioner proffered instructions required commonwealth prove defendant person actually delivered blow killed leanne whitlock ibid petitioner trial judge recused presiding henderson trial indicating already formed opinion happened night whitlock murder record example police recovered hairs bra shirt found whitlock body microscopically alike identifiable characteristics petitioner hair app shirt recovered car strickler mother house human blood petitioner fingerprints found outside inside car taken whitlock tudor testified petitioner pants blood cut knuckle trial judge thought shape rock significant jury conclusion instructed lawyers detailed high quality photographs taken rock want put record case sentencing hearing record deputy chief medical examiner performed autopsy testified object produced fractures whitlock skull caused severe lacerations brain two four fractures fatal app trial instructed jury convict petitioner capital murder must find beyond reasonable doubt defendant killed leanne whitlock killing willful deliberate premeditated killing occurred commission robbery defendant armed deadly weapon occurred commission abduction intent extort money pecuniary benefit intent defile person commission subsequent rape strickler murray motion dismiss petitioner state habeas petition commonwealth conceded instruction intent defile erroneously given case predicate capital murder app closing argument prosecutor stated really doubt happened murder weapon gun knife thing big called rock small called boulder instructions given jury defined deadly weapon object instrument likely cause death great bodily injury manner circumstance used jury recommended death finding predicates future dangerousness vileness neither predicates depended stoltzfus testimony trial instructed jury penalty fixed death commonwealth must prove beyond reasonable doubt least one following two alternatives one consideration history background probability commit criminal acts violence constitute continuing continuing serious threat society two conduct committing offense outrageously wantonly vile horrible inhuman involved torture depravity mind aggravated battery victim beyond minimum necessary accomplish act murder tr footnotes notes district resolve whether eight stoltzfus documents withheld strickler claimed five purposes decision granting summary judgment strickler district assumed five disclosed see ante appeals also left dispute unresolved see app though granting summary judgment respondent based lack prejudice presumably required assume eight documents withheld affirms grant summary judgment respondent based lack prejudice relies least one disputed documents analysis see ante understand assumed none eight documents disclosed proceed based assumption well one thought difference five eight documents withheld affect determination prejudice remand resolve factual question necessary keeping suggestions number opinions see schlup delo sawyer whitley treats prejudice enquiry synonymous materiality determination brady maryland see ante follow lead phrases standards used number contexts used reasonable possibility example defining level threat injury competition needed make claim act see brooke group brown williamson tobacco standard judging whether grand jury subpoena quashed federal rule criminal procedure see enterprises debtor burden establishing certain collateral necessary reorganization thus exempt bankruptcy code automatic stay provision see sav assn tex timbers inwood forest associates adopted standard established kotteakos determining harmlessness nonconstitutional errors direct review criterion harmlessness enquiry concerning constitutional errors collateral review see brecht abrahamson used reasonable probability define plaintiff burden making claim clayton act see brown shoe ftc morton salt jackson dissenting part contrasting reasonable possibility reasonable probability arguing latter appropriate standard act standard granting certiorari vacating remanding light intervening developments see lawrence chater per curiam standard exempting organizations otherwise valid disclosure requirements light threats harassment resulting disclosure see buckley valeo per curiam recently used significant possibility explaining circumstances nominal compensation appropriate award suit longshore harbor workers compensation act see metropolitan stevedore rambo commonly use term defining one requirements granting stay pending certiorari test requires reasonable probability grant certiorari note probable jurisdiction significant possibility reverse decision likelihood irreparable injury absent stay see barefoot estelle packwood senate select comm ethics rehnquist chambers massie identification open doubt occurred night one car passed another highway moreover testified first saw four people car three none occupants black app tudor defense counsel brought testified pursuant cooperation agreement government admitted story told stand different told defense investigator trial