michael
wearry
burl
cain
warden
argued
decided
march
per
curiam
michael
wearry
louisiana
death
row
urging
prosecution
failed
disclose
evidence
supporting
innocence
counsel
provided
ineffective
assistance
trial
wearry
unsuccessfully
sought
postconviction
relief
state
contrary
state
postconviction
conclude
prosecution
failure
disclose
material
evidence
violated
wearry
due
process
rights
reverse
state
postconviction
judgment
account
therefore
reach
wearry
claim
sometime
evening
april
eric
walber
brutally
murdered
nearly
two
years
murder
sam
scott
time
incarcerated
contacted
authorities
implicated
michael
wearry
scott
initially
reported
friends
victim
work
night
murder
victim
come
looking
instead
run
wearry
four
others
wearry
others
later
confessed
shooting
driving
victim
leaving
body
blahut
road
fact
victim
shot
body
found
crisp
road
scott
changed
account
crime
course
four
later
statements
differed
others
material
ways
time
scott
testified
state
star
witness
wearry
trial
story
bore
little
resemblance
original
account
according
version
scott
told
jury
playing
dice
wearry
others
victim
drove
past
wearry
losing
decided
rob
victim
wearry
acquaintance
randy
hutchinson
stopped
victim
car
hutchinson
shoved
victim
cargo
area
five
men
including
scott
hutchinson
wearry
proceeded
drive
around
one
point
encountering
eric
brown
state
main
witness
pausing
intermittently
assault
victim
finally
scott
related
wearry
two
others
killed
victim
running
scott
admitted
changed
account
several
times
consistent
scott
testimony
brown
testified
night
murder
seen
wearry
others
man
looked
like
victim
incarcerated
unrelated
charges
time
wearry
trial
brown
acknowledged
made
prior
inconsistent
statement
police
recanted
agreed
testify
wearry
prosecutorial
favor
solely
sister
knew
victim
sister
state
commented
opening
argument
brown
years
drug
charge
right
asked
thing
record
mar
closing
argument
state
reiterated
brown
deal
table
testifying
victim
family
deserves
know
pet
cert
although
state
presented
physical
evidence
trial
offer
additional
circumstantial
evidence
linking
wearry
victim
one
witness
testified
saw
wearry
victim
car
night
murder
later
holding
victim
class
ring
another
witness
said
saw
wearry
throwing
away
victim
cologne
respects
however
witnesses
contradicted
scott
account
example
witness
reported
seeing
wearry
victim
car
place
scott
car
wearry
defense
trial
rested
alibi
claimed
time
murder
wedding
reception
baton
rouge
miles
away
wearry
girlfriend
sister
aunt
corroborated
wearry
account
closing
argument
state
stressed
three
witnesses
personal
relationships
wearry
state
also
presented
two
rebuttal
witnesses
bride
wedding
reported
reception
ended
potentially
leaving
sufficient
time
wearry
committed
crime
three
jail
employees
testified
overheard
wearry
say
bystander
crime
occurred
jury
convicted
wearry
capital
murder
sentenced
death
conviction
sentence
affirmed
direct
wearry
conviction
became
final
emerged
prosecution
withheld
relevant
information
advanced
wearry
plea
wearry
argued
state
postconviction
proceedings
three
categories
belatedly
revealed
information
undermined
prosecution
materially
aided
wearry
defense
trial
first
previously
undisclosed
police
records
showed
two
scott
fellow
inmates
made
statements
cast
doubt
scott
credibility
one
inmate
reported
hearing
scott
say
wanted
sure
wearry
gets
needle
cause
jacked
quoting
inmate
affidavit
inmate
told
investigators
meeting
scott
orchestrated
witnessed
murder
inmate
recanted
next
day
scott
told
say
explained
suggested
lying
witnessed
murder
help
get
jail
pet
exh
pp
see
also
pet
cert
quoting
police
notes
second
state
failed
disclose
contrary
prosecution
assertions
trial
brown
twice
sought
deal
reduce
existing
sentence
exchange
testifying
wearry
police
told
brown
told
truth
pet
cert
quoting
police
notes
third
prosecution
failed
turn
medical
records
randy
hutchinson
according
scott
night
murder
hutchinson
run
street
flag
victim
pulled
victim
car
shoved
cargo
space
crawled
cargo
space
hutchinson
medical
records
revealed
nine
days
murder
hutchinson
undergone
knee
surgery
repair
ruptured
patellar
tendon
expert
witness
paul
dworak
testified
state
hearing
hutchinson
surgically
repaired
knee
withstood
running
bending
lifting
substantial
weight
state
presented
expert
witness
disagreed
dworak
appraisal
hutchinson
physical
fitness
state
postconviction
proceedings
wearry
also
maintained
trial
attorney
failed
uncover
exonerating
evidence
wearry
trial
attorney
admitted
state
hearing
conducted
independent
investigation
wearry
innocence
relied
solely
evidence
state
wearry
example
despite
wearry
alibi
attorney
undertook
effort
locate
independent
witnesses
among
dozens
guests
attended
wedding
reception
counsel
representing
wearry
collateral
review
conducted
independent
investigation
investigation
revealed
many
witnesses
lacking
personal
relationship
wearry
willing
corroborate
alibi
called
trial
counsel
investigation
also
revealed
scott
brother
willing
testify
trial
hearing
scott
mostly
strawberry
festival
around
night
murder
based
new
evidence
wearry
alleged
violations
due
process
rights
brady
maryland
sixth
amendment
right
effective
assistance
counsel
acknowledging
state
probably
disclosed
withheld
evidence
app
pet
cert
wearry
counsel
provided
perhaps
best
defense
rendered
postconviction
denied
relief
even
wearry
constitutional
rights
violated
concluded
shown
prejudice
turn
louisiana
also
denied
relief
chief
justice
johnson
granted
wearry
petition
ground
received
ineffective
assistance
counsel
ii
conclude
louisiana
courts
denial
wearry
brady
claim
runs
settled
constitutional
principles
new
trial
required
result
need
consider
merits
claim
suppression
prosecution
evidence
favorable
accused
upon
request
violates
due
process
evidence
material
either
guilt
punishment
irrespective
good
faith
bad
faith
prosecution
brady
supra
see
also
giglio
clarifying
rule
stated
brady
applies
evidence
undermining
witness
credibility
evidence
qualifies
material
reasonable
judgment
jury
giglio
supra
quoting
napue
illinois
prevail
brady
claim
wearry
need
show
likely
acquitted
new
evidence
admitted
smith
cain
slip
internal
quotation
marks
brackets
omitted
must
show
new
evidence
sufficient
undermine
confidence
verdict
beyond
doubt
newly
revealed
evidence
suffices
undermine
confidence
wearry
conviction
state
trial
evidence
resembles
house
cards
built
jury
crediting
scott
account
rather
wearry
alibi
see
agurs
verdict
already
questionable
validity
additional
evidence
relatively
minor
importance
might
sufficient
create
reasonable
dissent
asserts
apart
testimony
scott
brown
independent
evidence
pointing
wearry
murderer
see
post
opinion
alito
evidence
dissent
cites
suggests
someone
wearry
group
friends
may
committed
crime
wearry
may
involved
events
related
murder
occurred
perhaps
basis
evidence
louisiana
might
charged
wearry
accessory
fact
la
rev
stat
ann
west
providing
maximum
prison
term
five
years
accessories
fact
louisiana
instead
charged
wearry
capital
murder
evidence
directly
tying
crime
scott
dubious
testimony
corroborated
similarly
suspect
testimony
dissent
recognizes
scott
exemplary
record
veracity
post
scott
credibility
already
impugned
many
inconsistent
stories
diminished
jury
learned
hutchinson
may
physically
incapable
performing
role
scott
ascribed
scott
coached
another
inmate
lie
murder
thereby
enhance
chances
get
jail
scott
may
implicated
wearry
settle
personal
moreover
juror
found
scott
credible
light
brown
testimony
might
thought
differently
learned
brown
may
motivated
come
forward
sister
relationship
victim
sister
prosecution
insisted
closing
argument
possibility
reduced
sentence
existing
conviction
see
napue
supra
even
though
state
made
binding
promises
witness
attempt
obtain
deal
testifying
material
jury
might
well
concluded
witness
fabricated
testimony
order
curry
prosecution
favor
even
jury
armed
new
evidence
voted
convict
wearry
confidence
done
smith
supra
slip
reaching
opposite
conclusion
state
postconviction
improperly
evaluated
materiality
piece
evidence
isolation
rather
cumulatively
see
kyles
whitley
requiring
cumulative
evaluation
materiality
wrongfully
withheld
evidence
emphasized
reasons
juror
might
disregard
new
evidence
ignoring
reasons
might
cf
porter
mccollum
per
curiam
reasonable
discount
entirely
effect
defendant
expert
testimony
might
jury
state
expert
provided
contrary
testimony
failed
even
mention
statements
two
inmates
impeaching
scott
iii
addition
defending
judgment
louisiana
courts
dissent
criticizes
deciding
intensely
factual
question
without
full
briefing
argument
post
shied
away
summarily
deciding
cases
lower
courts
egregiously
misapplied
settled
law
see
mullenix
luna
ante
per
curiam
stanton
sims
per
curiam
parker
matthews
per
curiam
coleman
johnson
per
curiam
wetzel
lambert
per
curiam
ryburn
huff
per
curiam
sears
upton
per
curiam
porter
mccollum
supra
petition
fall
category
previously
evinced
inclination
police
factbound
errors
dissent
continues
nothing
warned
state
drafting
brief
opposition
might
summarily
reverse
wearry
conviction
post
contrary
dissent
however
summarily
deciding
capital
case
circumstances
warrant
hardly
unprecedented
see
sears
supra
vacating
state
postconviction
denial
relief
claim
porter
supra
attorney
provided
ineffective
assistance
counsel
conducting
constitutionally
inadequate
investigation
mitigating
evidence
perhaps
anticipating
possibility
summary
reversal
state
devoted
bulk
brief
opposition
rebuttal
wearry
claims
given
brief
well
state
lower
filings
similarly
concentrating
evidence
supporting
position
chances
briefing
argument
change
outcome
vanishingly
slim
dissent
also
inveighs
depart
ure
usual
procedures
decide
petitioner
brady
claim
stage
rather
allow
ing
petitioner
raise
claim
federal
habeas
proceeding
post
course
jurisdiction
final
judgments
state
postconviction
courts
see
exercises
jurisdiction
appropriate
circumstances
earlier
term
instance
heard
argument
foster
chatman
involves
georgia
courts
denial
postconviction
relief
capital
defendant
raising
claim
batson
kentucky
see
also
smith
slip
reversing
state
postconviction
denial
relief
brady
claim
sears
supra
reviewing
louisiana
courts
denial
postconviction
relief
thus
hardly
bold
departure
dissent
paints
alternative
granting
review
forcing
wearry
endure
yet
time
louisiana
death
row
service
conviction
constitutionally
flawed
wearry
due
process
rights
violated
grant
petition
writ
certiorari
motion
leave
proceed
forma
pauperis
reverse
judgment
louisiana
postconviction
remand
proceedings
inconsistent
opinion
ordered
alito
dissenting
michael
wearry
burl
cain
warden
petition
writ
certiorari
district
louisiana
livingston
parish
decided
march
justice
alito
justice
thomas
joins
dissenting
without
briefing
argument
reverses
murder
conviction
ground
prosecution
violated
brady
maryland
failing
turn
certain
information
tended
exculpate
petitioner
question
mind
prosecution
disclosed
information
whether
information
sufficient
warrant
reversing
petitioner
conviction
another
matter
failure
turn
exculpatory
information
violates
due
process
reasonable
probability
evidence
disclosed
defense
result
proceeding
different
kyles
whitley
quoting
bagley
opinion
blackmun
argues
information
question
affected
jury
verdict
petitioner
conviction
must
therefore
reversed
ably
makes
case
reversal
reasonable
contrary
argument
petitioner
conviction
stand
undisclosed
information
affected
jury
verdict
briefly
discuss
main
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per
curiam
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issue
open
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cases
without
allowing
parties
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argument
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seem
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glance
sometimes
look
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sides
given
chance
make
case
course
process
means
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work
leads
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results
gives
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side
satisfaction
knowing
least
arguments
fully
heard
justification
departing
usual
procedures
case
first
item
information
discussed
police
report
recounts
statements
made
sam
scott
key
witness
prosecution
fellow
inmate
according
report
scott
told
inmate
gon
na
make
sure
mike
petitioner
gets
needle
cause
jacked
pet
exh
scott
serving
sentence
unrelated
drug
charges
reportedly
told
inmate
expecting
released
still
gone
home
petitioner
prosecution
stated
report
scott
said
facing
possibility
sentence
apparently
admitted
role
events
surrounding
murder
report
provide
explanation
scott
alleged
statement
petitioner
jacked
reads
report
suggest
scott
implicated
petitioner
murder
settle
personal
score
ante
petitioner
counsel
actually
attempted
use
evidence
trial
net
effect
might
well
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helpful
defense
undisclosed
police
report
relies
may
read
mean
scott
blamed
petitioner
putting
position
admit
role
events
surrounding
murder
thereby
expose
sentence
lose
opportunity
secure
early
release
prison
drug
charges
defense
counsel
attempted
impeach
scott
police
report
effort
backfired
allowing
prosecution
return
jury
focus
point
state
emphasized
often
trial
namely
scott
accusations
credible
precisely
scott
motive
tell
story
contrary
interests
see
record
mar
scott
keeps
mouth
shut
less
five
months
nstead
getting
days
going
time
next
turns
allegation
scott
coached
another
prisoner
make
lies
petitioner
prisoner
never
testified
trial
basis
arguing
information
made
difference
jury
well
aware
scott
exemplary
record
veracity
scott
admitted
fabricating
information
told
police
investigations
addition
witness
testify
petitioner
trial
also
accused
scott
asking
lie
although
admittedly
witness
later
denied
making
accusation
given
jury
convicted
even
quite
serious
strikes
scott
credibility
reason
question
whether
jury
seriously
considered
different
verdict
accusation
someone
never
took
stand
third
observes
prosecution
failed
turn
evidence
another
witness
eric
brown
asked
favorable
treatment
district
attorney
exchange
testifying
petitioner
true
troubling
prosecutor
claimed
opening
statement
brown
sought
favorable
treatment
even
far
clear
disclosing
contradictory
information
real
potential
affect
trial
outcome
one
thing
evidence
brown
unlike
scott
actually
received
deal
despite
defense
counsel
efforts
establish
brown
testimony
might
earned
leniency
state
moreover
brown
admitted
exchange
manipulated
initial
story
police
avoid
implicating
criminal
activity
know
jury
harbored
illusions
purity
brown
motives
notwithstanding
prosecutor
opening
misstatement
finally
says
medical
records
randy
hutchinson
cast
doubt
scott
trial
testimony
hutchinson
repeatedly
dragged
victim
car
bludgeoned
stick
records
reveal
hutchinson
knee
surgery
repair
patellar
tendon
nine
days
murder
one
state
witnesses
testified
trial
seen
records
showing
hutchinson
surgery
knee
nine
days
homicide
happened
record
mar
see
also
jury
thus
knew
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fact
revealed
records
scott
attributed
significant
strength
mobility
man
nine
days
removed
knee
given
particular
details
hutchinson
actions
relatively
minor
part
scott
account
crime
state
case
petitioner
significance
undisclosed
medical
records
subject
reasonable
dispute
highlights
exculpatory
quality
withheld
information
downplays
considerable
evidence
petitioner
guilt
aside
scott
brown
testimony
three
witnesses
told
jury
saw
petitioner
others
driving
around
shortly
murder
victim
red
car
according
one
witnesses
blood
exterior
petitioner
offered
sell
albany
high
school
class
ring
one
witnesses
set
new
speakers
another
third
witness
said
saw
petitioner
throw
away
bottle
tommy
hilfiger
cologne
meanwhile
victim
mother
testified
son
wore
albany
high
class
ring
recovered
body
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speakers
gift
shortly
murder
bottle
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hilfiger
cologne
night
killed
addition
three
jailers
testified
petitioner
called
father
eventual
arrest
stated
know
jail
anything
innocent
bystander
record
mar
see
also
short
far
case
withheld
information
allowed
defense
undermine
evidence
linking
petitioner
crime
smith
cain
slip
ii
whether
disclosing
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issue
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indisputably
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question
brady
must
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light
proof
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see
kyles
brady
violated
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evidence
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whole
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light
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emphasis
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hear
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petitioner
conviction
reversed
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cf
cash
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cases
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litigants
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state
denial
postconviction
relief
particularly
unlikely
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review
litigation
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raises
meritorious
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claims
prefer
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habeas
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lawrence
florida
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whitley
stevens
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stage
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claim
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habeas
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act
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aedpa
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intervening
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comes
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avoids
application
standard
able
exercise
plenary
review
brady
claim
maintains
aedpa
present
obstacle
granting
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relief
hand
reasonable
jurists
disagree
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brady
facts
case
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view
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summary
reversal
highly
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anxious
vacate
petitioner
conviction
state
opportunity
make
case
going
intervene
stage
grant
petition
hear
case
merits
room
docket
give
case
careful
consideration
deserves
michael
wearry
burl
cain
warden
petition
writ
certiorari
district
louisiana
livingston
parish
decided
march
per
curiam
michael
wearry
louisiana
death
row
urging
prosecution
failed
disclose
evidence
supporting
innocence
counsel
provided
ineffective
assistance
trial
wearry
unsuccessfully
sought
postconviction
relief
state
contrary
state
postconviction
conclude
prosecution
failure
disclose
material
evidence
violated
wearry
due
process
rights
reverse
state
postconviction
judgment
account
therefore
reach
wearry
claim
sometime
evening
april
eric
walber
brutally
murdered
nearly
two
years
murder
sam
scott
time
incarcerated
contacted
authorities
implicated
michael
wearry
scott
initially
reported
friends
victim
work
night
murder
victim
come
looking
instead
run
wearry
four
others
wearry
others
later
confessed
shooting
driving
victim
leaving
body
blahut
road
fact
victim
shot
body
found
crisp
road
scott
changed
account
crime
course
four
later
statements
differed
others
material
ways
time
scott
testified
state
star
witness
wearry
trial
story
bore
little
resemblance
original
account
according
version
scott
told
jury
playing
dice
wearry
others
victim
drove
past
wearry
losing
decided
rob
victim
wearry
acquaintance
randy
hutchinson
stopped
victim
car
hutchinson
shoved
victim
cargo
area
five
men
including
scott
hutchinson
wearry
proceeded
drive
around
one
point
encountering
eric
brown
state
main
witness
pausing
intermittently
assault
victim
finally
scott
related
wearry
two
others
killed
victim
running
scott
admitted
changed
account
several
times
consistent
scott
testimony
brown
testified
night
murder
seen
wearry
others
man
looked
like
victim
incarcerated
unrelated
charges
time
wearry
trial
brown
acknowledged
made
prior
inconsistent
statement
police
recanted
agreed
testify
wearry
prosecutorial
favor
solely
sister
knew
victim
sister
state
commented
opening
argument
brown
years
drug
charge
right
asked
thing
record
mar
closing
argument
state
reiterated
brown
deal
table
testifying
victim
family
deserves
know
pet
cert
although
state
presented
physical
evidence
trial
offer
additional
circumstantial
evidence
linking
wearry
victim
one
witness
testified
saw
wearry
victim
car
night
murder
later
holding
victim
class
ring
another
witness
said
saw
wearry
throwing
away
victim
cologne
respects
however
witnesses
contradicted
scott
account
example
witness
reported
seeing
wearry
victim
car
place
scott
car
wearry
defense
trial
rested
alibi
claimed
time
murder
wedding
reception
baton
rouge
miles
away
wearry
girlfriend
sister
aunt
corroborated
wearry
account
closing
argument
state
stressed
three
witnesses
personal
relationships
wearry
state
also
presented
two
rebuttal
witnesses
bride
wedding
reported
reception
ended
potentially
leaving
sufficient
time
wearry
committed
crime
three
jail
employees
testified
overheard
wearry
say
bystander
crime
occurred
jury
convicted
wearry
capital
murder
sentenced
death
conviction
sentence
affirmed
direct
wearry
conviction
became
final
emerged
prosecution
withheld
relevant
information
advanced
wearry
plea
wearry
argued
state
postconviction
proceedings
three
categories
belatedly
revealed
information
undermined
prosecution
materially
aided
wearry
defense
trial
first
previously
undisclosed
police
records
showed
two
scott
fellow
inmates
made
statements
cast
doubt
scott
credibility
one
inmate
reported
hearing
scott
say
wanted
sure
wearry
gets
needle
cause
jacked
quoting
inmate
affidavit
inmate
told
investigators
meeting
scott
orchestrated
witnessed
murder
inmate
recanted
next
day
scott
told
say
explained
suggested
lying
witnessed
murder
help
get
jail
pet
exh
pp
see
also
pet
cert
quoting
police
notes
second
state
failed
disclose
contrary
prosecution
assertions
trial
brown
twice
sought
deal
reduce
existing
sentence
exchange
testifying
wearry
police
told
brown
told
truth
pet
cert
quoting
police
notes
third
prosecution
failed
turn
medical
records
randy
hutchinson
according
scott
night
murder
hutchinson
run
street
flag
victim
pulled
victim
car
shoved
cargo
space
crawled
cargo
space
hutchinson
medical
records
revealed
nine
days
murder
hutchinson
undergone
knee
surgery
repair
ruptured
patellar
tendon
expert
witness
paul
dworak
testified
state
hearing
hutchinson
surgically
repaired
knee
withstood
running
bending
lifting
substantial
weight
state
presented
expert
witness
disagreed
dworak
appraisal
hutchinson
physical
fitness
state
postconviction
proceedings
wearry
also
maintained
trial
attorney
failed
uncover
exonerating
evidence
wearry
trial
attorney
admitted
state
hearing
conducted
independent
investigation
wearry
innocence
relied
solely
evidence
state
wearry
example
despite
wearry
alibi
attorney
undertook
effort
locate
independent
witnesses
among
dozens
guests
attended
wedding
reception
counsel
representing
wearry
collateral
review
conducted
independent
investigation
investigation
revealed
many
witnesses
lacking
personal
relationship
wearry
willing
corroborate
alibi
called
trial
counsel
investigation
also
revealed
scott
brother
willing
testify
trial
hearing
scott
mostly
strawberry
festival
around
night
murder
based
new
evidence
wearry
alleged
violations
due
process
rights
brady
maryland
sixth
amendment
right
effective
assistance
counsel
acknowledging
state
probably
disclosed
withheld
evidence
app
pet
cert
wearry
counsel
provided
perhaps
best
defense
rendered
postconviction
denied
relief
even
wearry
constitutional
rights
violated
concluded
shown
prejudice
turn
louisiana
also
denied
relief
chief
justice
johnson
granted
wearry
petition
ground
received
ineffective
assistance
counsel
ii
conclude
louisiana
courts
denial
wearry
brady
claim
runs
settled
constitutional
principles
new
trial
required
result
need
consider
merits
claim
suppression
prosecution
evidence
favorable
accused
upon
request
violates
due
process
evidence
material
either
guilt
punishment
irrespective
good
faith
bad
faith
prosecution
brady
supra
see
also
giglio
clarifying
rule
stated
brady
applies
evidence
undermining
witness
credibility
evidence
qualifies
material
reasonable
judgment
jury
giglio
supra
quoting
napue
illinois
prevail
brady
claim
wearry
need
show
likely
acquitted
new
evidence
admitted
smith
cain
slip
internal
quotation
marks
brackets
omitted
must
show
new
evidence
sufficient
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confidence
verdict
beyond
doubt
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revealed
evidence
suffices
undermine
confidence
wearry
conviction
state
trial
evidence
resembles
house
cards
built
jury
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scott
account
rather
wearry
alibi
see
agurs
verdict
already
questionable
validity
additional
evidence
relatively
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might
sufficient
create
reasonable
dissent
asserts
apart
testimony
scott
brown
independent
evidence
pointing
wearry
murderer
see
post
opinion
alito
evidence
dissent
cites
suggests
someone
wearry
group
friends
may
committed
crime
wearry
may
involved
events
related
murder
occurred
perhaps
basis
evidence
louisiana
might
charged
wearry
accessory
fact
la
rev
stat
ann
west
providing
maximum
prison
term
five
years
accessories
fact
louisiana
instead
charged
wearry
capital
murder
evidence
directly
tying
crime
scott
dubious
testimony
corroborated
similarly
suspect
testimony
dissent
recognizes
scott
exemplary
record
veracity
post
scott
credibility
already
impugned
many
inconsistent
stories
diminished
jury
learned
hutchinson
may
physically
incapable
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role
scott
ascribed
scott
coached
another
inmate
lie
murder
thereby
enhance
chances
get
jail
scott
may
implicated
wearry
settle
personal
moreover
juror
found
scott
credible
light
brown
testimony
might
thought
differently
learned
brown
may
motivated
come
forward
sister
relationship
victim
sister
prosecution
insisted
closing
argument
possibility
reduced
sentence
existing
conviction
see
napue
supra
even
though
state
made
binding
promises
witness
attempt
obtain
deal
testifying
material
jury
might
well
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witness
fabricated
testimony
order
curry
prosecution
favor
even
jury
armed
new
evidence
voted
convict
wearry
confidence
done
smith
supra
slip
reaching
opposite
conclusion
state
postconviction
improperly
evaluated
materiality
piece
evidence
isolation
rather
cumulatively
see
kyles
whitley
requiring
cumulative
evaluation
materiality
wrongfully
withheld
evidence
emphasized
reasons
juror
might
disregard
new
evidence
ignoring
reasons
might
cf
porter
mccollum
per
curiam
reasonable
discount
entirely
effect
defendant
expert
testimony
might
jury
state
expert
provided
contrary
testimony
failed
even
mention
statements
two
inmates
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scott
iii
addition
defending
judgment
louisiana
courts
dissent
criticizes
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factual
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full
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post
shied
away
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deciding
cases
lower
courts
egregiously
misapplied
settled
law
see
mullenix
luna
ante
per
curiam
stanton
sims
per
curiam
parker
matthews
per
curiam
coleman
johnson
per
curiam
wetzel
lambert
per
curiam
ryburn
huff
per
curiam
sears
upton
per
curiam
porter
mccollum
supra
petition
fall
category
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evinced
inclination
police
factbound
errors
dissent
continues
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state
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conviction
post
contrary
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deciding
capital
case
circumstances
warrant
hardly
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see
sears
supra
vacating
state
postconviction
denial
relief
claim
porter
supra
attorney
provided
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assistance
counsel
conducting
constitutionally
inadequate
investigation
mitigating
evidence
perhaps
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possibility
summary
reversal
state
devoted
bulk
brief
opposition
rebuttal
wearry
claims
given
brief
well
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filings
similarly
concentrating
evidence
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position
chances
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outcome
vanishingly
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ure
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brady
claim
stage
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ing
petitioner
raise
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federal
habeas
proceeding
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course
jurisdiction
final
judgments
state
postconviction
courts
see
exercises
jurisdiction
appropriate
circumstances
earlier
term
instance
heard
argument
foster
chatman
involves
georgia
courts
denial
postconviction
relief
capital
defendant
raising
claim
batson
kentucky
see
also
smith
slip
reversing
state
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denial
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brady
claim
sears
supra
reviewing
louisiana
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denial
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dissent
paints
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granting
review
forcing
wearry
endure
yet
time
louisiana
death
row
service
conviction
constitutionally
flawed
wearry
due
process
rights
violated
grant
petition
writ
certiorari
motion
leave
proceed
forma
pauperis
reverse
judgment
louisiana
postconviction
remand
proceedings
inconsistent
opinion
ordered
alito
dissenting
michael
wearry
burl
cain
warden
petition
writ
certiorari
district
louisiana
livingston
parish
decided
march
justice
alito
justice
thomas
joins
dissenting
without
briefing
argument
reverses
murder
conviction
ground
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violated
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maryland
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turn
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information
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exculpate
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whether
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warrant
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process
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kyles
whitley
quoting
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blackmun
argues
information
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conviction
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ably
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conviction
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item
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discussed
police
report
recounts
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sam
scott
key
witness
prosecution
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inmate
according
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scott
told
inmate
gon
na
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mike
petitioner
gets
needle
cause
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pet
exh
scott
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sentence
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charges
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told
inmate
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released
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prosecution
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scott
said
facing
possibility
sentence
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role
events
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murder
report
provide
explanation
scott
alleged
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jacked
reads
report
suggest
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implicated
petitioner
murder
settle
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counsel
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report
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backfired
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prosecution
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mar
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days
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next
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lies
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prisoner
never
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record
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police
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witness
testify
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trial
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eric
brown
asked
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treatment
district
attorney
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brown
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potential
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unlike
scott
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deal
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medical
records
randy
hutchinson
cast
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trial
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repeatedly
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victim
car
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stick
records
reveal
hutchinson
knee
surgery
repair
patellar
tendon
nine
days
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account
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significance
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brown
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three
witnesses
told
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red
car
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blood
exterior
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offered
sell
albany
high
school
class
ring
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set
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third
witness
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saw
petitioner
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mother
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son
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smith
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review
litigation
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raises
meritorious
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claims
prefer
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reviewed
first
district
appeals
federal
habeas
proceeding
lawrence
florida
quoting
kyles
whitley
stevens
concurring
denial
stay
execution
decided
depart
usual
procedures
decide
petitioner
brady
claim
stage
allow
petitioner
raise
claim
federal
habeas
proceeding
case
took
course
reach
us
district
appeals
studied
record
evaluated
likely
impact
information
question
one
consequence
waiting
claim
raised
federal
habeas
proceeding
review
governed
antiterrorism
effective
death
penalty
act
aedpa
aedpa
relief
granted
said
state
rejection
claim
represented
unreasonable
application
brady
intervening
aedpa
comes
play
avoids
application
standard
able
exercise
plenary
review
brady
claim
maintains
aedpa
present
obstacle
granting
habeas
relief
hand
reasonable
jurists
disagree
application
brady
facts
case
good
reason
dispose
case
summarily
state
given
opportunity
make
full
case
view
therefore
summary
reversal
highly
inappropriate
anxious
vacate
petitioner
conviction
state
opportunity
make
case
going
intervene
stage
grant
petition
hear
case
merits
room
docket
give
case
careful
consideration
deserves
footnotes
wearry
argued
inter
alia
trial
improperly
denied
challenges
prosecution
discriminated
basis
race
jury
selection
violation
batson
kentucky
finding
claims
credible
johnson
dissented
affirmance
wearry
conviction
state
weary
la
wearry
name
misspelled
case
caption
illustrative
liberties
dissent
takes
record
assertion
scott
blamed
wearry
putting
position
admit
role
events
surrounding
murder
post
opinion
alito
introducing
inmate
statement
dissent
therefore
suggests
might
backfired
allowing
prosecution
return
jury
focus
point
state
emphasized
often
trial
namely
scott
accusations
credible
precisely
scott
motive
tell
story
contrary
interests
true
according
inmate
scott
complained
identification
wearry
resulted
lengthier
prison
term
inmate
however
suggest
scott
angry
wearry
suffered
adverse
consequences
result
wearry
crime
instead
inmate
separately
stated
scott
tell
killed
eric
walber
said
gon
na
make
sure
mike
gets
needle
cause
jacked
pet
exh
see
also
ibid
scott
told
tell
heart
right
scott
refusal
identify
wearry
culprit
also
endeavoring
make
sure
mike
gets
needle
suggests
wearry
commit
crime
scott
decided
bring
anyway
contrary
dissent
reason
believe
scott
anticipated
participation
case
cost
additional
years
prison
notably
first
five
accounts
police
scott
reported
present
time
murder
learned
fact
indeed
least
plausible
dissent
hypothesis
scott
believed
implicating
wearry
might
win
early
release
existing
conviction
dissent
emphasizes
state
witness
testimony
hutchinson
surgery
knee
nine
days
homicide
happened
post
quoting
record
mar
witness
statement
neither
wearry
jury
way
knowing
medical
records
revealed
hutchinson
undergone
repair
rather
routine
minor
procedure
wearry
trial
attorney
ask
public
defender
investigator
look
backgrounds
state
witnesses
speak
wearry
family
members
attorney
testified
hearing
know
persons
investigator
contacted
event
serious
doubts
investigator
qualifications
competence
moreover
indication
investigator
ever
engaged
inquiries
regarding
scott
background
whereabouts
night
murder
justice
crichton
granted
wearry
petition
remanded
trial
address
claim
intellectual
disability
atkins
virginia
app
pet
cert
wearry
raise
atkins
claim
petition
writ
certiorari
given
legal
standard
wearry
prevail
even
dissent
suggests
undisclosed
information
may
affected
jury
verdict
three
jailers
testified
overhearing
wearry
call
innocent
bystander
post
characterizing
oneself
opposite
admission
guilt
inmate
told
police
scott
may
wanted
settle
score
close
end
trial
state
argues
inmate
statement
probably
never
seen
anyone
involved
actual
trial
brief
opposition
brady
suppression
occurs
government
fails
turn
even
evidence
known
police
investigators
prosecutor
youngblood
west
virginia
per
curiam
internal
quotation
marks
omitted
see
also
kyles
whitley
rejecting
louisiana
plea
rule
hold
state
responsible
failing
disclose
exculpatory
evidence
prosecutors
learn
trial
evidence
possession
police
investigators
time
trial
footnotes
majority
claims
scott
unwillingness
tell
fellow
inmate
killed
victim
somehow
exculpates
petitioner
see
ante
view
one
reasonably
infer
inmate
statement
scott
tell
said
gon
na
make
sure
mike
gets
needle
cause
jacked
scott
believed
petitioner
michael
wearry
innocent
especially
backdrop
scott
complaints
increased
imprisonment
pet
exh
per
curiam
argues
medical
records
might
greater
effect
jury
mentioned
particular
type
knee
surgery
petitioner
undergone
certainly
possible
important
stage
basic
fact
petitioner
recently
undergone
knee
surgery
known
jury
incremental
impact
additional
details
supplied
medical
records
far
clear
even
postconviction
evidentiary
hearing
defense
state
medical
experts
disagreed
whether
particular
procedure
issue
left
hutchinson
incapable
acts
scott
described
implies
meritorious
claims
capital
cases
constitute
category
factbound
errors
shown
willingness
correct
certiorari
papers
alone
ante
support
cites
sears
upton
per
curiam
porter
mccollum
per
curiam
notably
porter
arise
directly
state
postconviction
proceedings
federal
habeas
neither
case
take
dramatic
step
takes
summarily
reverse
state
conviction
capital
murder
cases
addressed
errors
related
defendants
sentences
footnotes
wearry
argued
inter
alia
trial
improperly
denied
challenges
prosecution
discriminated
basis
race
jury
selection
violation
batson
kentucky
finding
claims
credible
johnson
dissented
affirmance
wearry
conviction
state
weary
la
wearry
name
misspelled
case
caption
illustrative
liberties
dissent
takes
record
assertion
scott
blamed
wearry
putting
position
admit
role
events
surrounding
murder
post
opinion
alito
introducing
inmate
statement
dissent
therefore
suggests
might
backfired
allowing
prosecution
return
jury
focus
point
state
emphasized
often
trial
namely
scott
accusations
credible
precisely
scott
motive
tell
story
contrary
interests
true
according
inmate
scott
complained
identification
wearry
resulted
lengthier
prison
term
inmate
however
suggest
scott
angry
wearry
suffered
adverse
consequences
result
wearry
crime
instead
inmate
separately
stated
scott
tell
killed
eric
walber
said
gon
na
make
sure
mike
gets
needle
cause
jacked
pet
exh
see
also
ibid
scott
told
tell
heart
right
scott
refusal
identify
wearry
culprit
also
endeavoring
make
sure
mike
gets
needle
suggests
wearry
commit
crime
scott
decided
bring
anyway
contrary
dissent
reason
believe
scott
anticipated
participation
case
cost
additional
years
prison
notably
first
five
accounts
police
scott
reported
present
time
murder
learned
fact
indeed
least
plausible
dissent
hypothesis
scott
believed
implicating
wearry
might
win
early
release
existing
conviction
dissent
emphasizes
state
witness
testimony
hutchinson
surgery
knee
nine
days
homicide
happened
post
quoting
record
mar
witness
statement
neither
wearry
jury
way
knowing
medical
records
revealed
hutchinson
undergone
repair
rather
routine
minor
procedure
wearry
trial
attorney
ask
public
defender
investigator
look
backgrounds
state
witnesses
speak
wearry
family
members
attorney
testified
hearing
know
persons
investigator
contacted
event
serious
doubts
investigator
qualifications
competence
moreover
indication
investigator
ever
engaged
inquiries
regarding
scott
background
whereabouts
night
murder
justice
crichton
granted
wearry
petition
remanded
trial
address
claim
intellectual
disability
atkins
virginia
app
pet
cert
wearry
raise
atkins
claim
petition
writ
certiorari
given
legal
standard
wearry
prevail
even
dissent
suggests
undisclosed
information
may
affected
jury
verdict
three
jailers
testified
overhearing
wearry
call
innocent
bystander
post
characterizing
oneself
opposite
admission
guilt
inmate
told
police
scott
may
wanted
settle
score
close
end
trial
state
argues
inmate
statement
probably
never
seen
anyone
involved
actual
trial
brief
opposition
brady
suppression
occurs
government
fails
turn
even
evidence
known
police
investigators
prosecutor
youngblood
west
virginia
per
curiam
internal
quotation
marks
omitted
see
also
kyles
whitley
rejecting
louisiana
plea
rule
hold
state
responsible
failing
disclose
exculpatory
evidence
prosecutors
learn
trial
evidence
possession
police
investigators
time
trial
footnotes
majority
claims
scott
unwillingness
tell
fellow
inmate
killed
victim
somehow
exculpates
petitioner
see
ante
view
one
reasonably
infer
inmate
statement
scott
tell
said
gon
na
make
sure
mike
gets
needle
cause
jacked
scott
believed
petitioner
michael
wearry
innocent
especially
backdrop
scott
complaints
increased
imprisonment
pet
exh
per
curiam
argues
medical
records
might
greater
effect
jury
mentioned
particular
type
knee
surgery
petitioner
undergone
certainly
possible
important
stage
basic
fact
petitioner
recently
undergone
knee
surgery
known
jury
incremental
impact
additional
details
supplied
medical
records
far
clear
even
postconviction
evidentiary
hearing
defense
state
medical
experts
disagreed
whether
particular
procedure
issue
left
hutchinson
incapable
acts
scott
described
implies
meritorious
claims
capital
cases
constitute
category
factbound
errors
shown
willingness
correct
certiorari
papers
alone
ante
support
cites
sears
upton
per
curiam
porter
mccollum
per
curiam
notably
porter
arise
directly
state
postconviction
proceedings
federal
habeas
neither
case
take
dramatic
step
takes
summarily
reverse
state
conviction
capital
murder
cases
addressed
errors
related
defendants
sentences