agurs
argued
april
decided
june
respondent
convicted
murder
killing
one
sewell
knife
fight
evidence
trial
disclosed
inter
alia
sewell
killing
carrying
two
knives
including
one
respondent
stabbed
repeatedly
stabbed
respondent
uninjured
subsequently
respondent
counsel
moved
new
trial
asserting
discovered
sewell
prior
criminal
record
including
guilty
pleas
charges
assault
carrying
deadly
weapon
apparently
knife
tended
support
argument
respondent
acted
prosecutor
failed
disclose
information
defense
district
denied
motion
ground
evidence
sewell
criminal
record
material
shed
light
character
already
apparent
uncontradicted
evidence
particularly
fact
carrying
two
knives
stressing
inconsistency
claim
fact
sewell
stabbed
repeatedly
respondent
unscathed
appeals
reversed
holding
evidence
sewell
criminal
record
material
nondisclosure
required
new
trial
jury
might
returned
different
verdict
evidence
received
held
prosecutor
failure
tender
sewell
criminal
record
defense
deprive
respondent
fair
trial
guaranteed
due
process
clause
fifth
amendment
appears
record
requested
defense
counsel
gave
rise
inference
perjury
trial
judge
remained
convinced
respondent
guilt
beyond
reasonable
doubt
considering
criminal
record
context
entire
record
judge
firsthand
appraisal
entire
record
thorough
entirely
reasonable
mooney
holohan
brady
maryland
distinguished
pp
prosecutor
violate
constitutional
duty
disclosure
unless
omission
sufficiently
significant
result
denial
defendant
right
fair
trial
pp
whether
procedural
rules
authorizing
discovery
everything
might
influence
jury
might
desirable
constitution
demand
broad
discovery
mere
possibility
item
undisclosed
information
might
aided
defense
might
affected
outcome
trial
establish
materiality
constitutional
sense
pp
prosecutor
constitutional
duty
disclosure
measured
moral
culpability
willfulness
suppression
evidence
results
constitutional
error
character
evidence
character
prosecutor
proper
standard
materiality
undisclosed
evidence
standard
applied
trial
judge
case
omitted
evidence
creates
reasonable
doubt
guilt
otherwise
exist
constitutional
error
committed
pp
stevens
delivered
opinion
burger
stewart
white
blackmun
powell
rehnquist
joined
marshall
filed
dissenting
opinion
brennan
joined
post
deputy
solicitor
general
frey
argued
cause
briefs
solicitor
general
bork
assistant
attorney
general
thornburgh
john
cooney
jerome
feit
robert
plaxico
edwin
bradley
argued
cause
respondent
brief
michael
geltner
william
greenhalgh
sherman
cohn
justice
stevens
delivered
opinion
brief
interlude
inexpensive
motel
room
respondent
repeatedly
stabbed
james
sewell
causing
death
convicted
murder
question
us
whether
prosecutor
failure
provide
defense
counsel
certain
background
information
sewell
tended
support
argument
respondent
acted
deprived
fair
trial
rule
brady
maryland
answer
question
depends
review
facts
significance
failure
defense
counsel
request
material
standard
prosecution
failure
volunteer
exculpatory
material
judged
september
respondent
sewell
registered
motel
man
wife
assigned
room
without
bath
sewell
wearing
bowie
knife
sheath
carried
another
knife
pocket
less
two
hours
earlier
according
testimony
estranged
wife
cash
person
minutes
later
three
motel
employees
heard
respondent
screaming
help
forced
entry
room
disclosed
sewell
top
respondent
struggling
possession
bowie
knife
holding
knife
bleeding
hand
grasped
blade
according
one
witness
trying
jam
blade
chest
employees
separated
two
summoned
authorities
respondent
departed
without
comment
arrived
sewell
dead
arrival
hospital
circumstantial
evidence
indicated
parties
completed
act
intercourse
sewell
gone
bathroom
hall
struggle
occurred
upon
return
contents
pockets
disarray
dresser
money
found
jury
may
inferred
respondent
took
sewell
money
fight
started
sewell
room
saw
following
morning
respondent
surrendered
police
given
physical
examination
revealed
cuts
bruises
kind
except
needle
marks
upper
arm
autopsy
sewell
disclosed
several
deep
stab
wounds
chest
abdomen
number
slashes
arms
hands
characterized
pathologist
defensive
wounds
respondent
offered
evidence
sole
defense
argument
made
attorney
sewell
initially
attacked
knife
actions
directed
toward
saving
life
support
theory
based
fact
screamed
help
sewell
top
help
arrived
possession
two
knives
indicated
person
took
jury
minutes
elect
foreman
return
verdict
three
months
later
defense
counsel
filed
motion
new
trial
asserting
discovered
sewell
prior
criminal
record
evidenced
violent
character
prosecutor
failed
disclose
information
defense
recent
opinion
appeals
district
columbia
circuit
made
clear
evidence
admissible
even
known
defendant
sewell
prior
record
included
plea
guilty
charge
assault
carrying
deadly
weapon
another
guilty
plea
charge
carrying
deadly
weapon
apparently
weapons
knives
government
opposed
motion
arguing
duty
tender
sewell
prior
record
defense
absence
appropriate
request
evidence
readily
discoverable
advance
trial
hence
kind
newly
discovered
evidence
justifying
new
trial
events
material
district
denied
motion
rejected
government
argument
duty
disclose
material
evidence
unless
requested
assumed
evidence
admissible
held
sufficiently
material
district
expressed
opinion
prior
conviction
shed
light
sewell
character
already
apparent
uncontradicted
evidence
particularly
fact
carried
two
knives
stressed
inconsistency
claim
fact
sewell
stabbed
repeatedly
respondent
unscathed
appeals
reversed
found
lack
diligence
part
defense
misconduct
prosecutor
case
held
however
evidence
material
nondisclosure
required
new
trial
jury
might
returned
different
verdict
evidence
received
decision
appeals
represents
significant
departure
prior
holding
believe
incorrectly
interpreted
constitutional
requirement
due
process
reverse
ii
rule
brady
maryland
arguably
applies
three
quite
different
situations
involves
discovery
trial
information
known
prosecution
unknown
defense
first
situation
typified
mooney
holohan
undisclosed
evidence
demonstrates
prosecution
case
includes
perjured
testimony
prosecution
knew
known
perjury
series
subsequent
cases
consistently
held
conviction
obtained
knowing
use
perjured
testimony
fundamentally
unfair
must
set
aside
reasonable
likelihood
false
testimony
affected
judgment
jury
line
cases
appeals
placed
primary
reliance
cases
applied
strict
standard
materiality
involve
prosecutorial
misconduct
importantly
involve
corruption
function
trial
process
since
case
involves
misconduct
since
reason
question
veracity
prosecution
witnesses
test
materiality
followed
mooney
line
cases
necessarily
applicable
case
second
situation
illustrated
brady
case
characterized
pretrial
request
specific
evidence
case
defense
counsel
requested
extrajudicial
statements
made
brady
accomplice
one
boblit
held
suppression
one
boblit
statements
deprived
brady
due
process
noting
specifically
statement
requested
material
fair
analysis
holding
brady
indicates
implicit
requirement
materiality
concern
suppressed
evidence
might
affected
outcome
trial
brady
found
guilty
murder
first
degree
since
jury
add
words
without
capital
punishment
verdict
sentenced
death
trial
brady
deny
involvement
deliberate
killing
testified
accomplice
boblit
rather
actually
strangled
decedent
version
event
corroborated
one
several
confessions
made
boblit
given
brady
counsel
despite
admittedly
adequate
request
conviction
sentence
affirmed
appeal
brady
filed
motion
set
aside
judgment
later
proceeding
alleged
state
violated
constitutional
rights
suppressing
boblit
confession
trial
judge
denied
relief
largely
felt
boblit
confession
inadmissible
brady
trial
maryland
appeals
disagreed
ordered
new
trial
issue
punishment
held
withholding
material
evidence
even
without
guile
denial
due
process
valid
theories
confession
might
admissible
brady
defense
granted
certiorari
consider
brady
contention
violation
constitutional
right
fair
trial
vitiated
entire
proceeding
holding
suppression
exculpatory
evidence
violated
brady
right
due
process
affirmed
separate
holding
receive
new
trial
issue
punishment
issue
guilt
innocence
interpreted
maryland
appeals
opinion
ruling
confession
inadmissible
issue
reason
confession
affected
outcome
issue
guilt
affected
brady
punishment
material
latter
issue
former
since
material
issue
guilt
entire
trial
lacking
due
process
test
materiality
case
like
brady
specific
information
requested
defense
necessarily
case
request
made
indeed
yet
decided
whether
prosecutor
obligation
provide
defense
counsel
exculpatory
information
request
made
addressing
question
brief
comment
function
request
appropriate
brady
request
specific
gave
prosecutor
notice
exactly
defense
desired
although
course
duty
provide
defense
counsel
unlimited
discovery
everything
known
prosecutor
subject
matter
request
material
indeed
substantial
basis
claiming
materiality
exists
reasonable
require
prosecutor
respond
either
furnishing
information
submitting
problem
trial
judge
prosecutor
receives
specific
relevant
request
failure
make
response
seldom
ever
excusable
many
cases
however
exculpatory
information
possession
prosecutor
may
unknown
defense
counsel
situation
may
make
request
possibly
ask
brady
material
anything
exculpatory
request
really
gives
prosecutor
better
notice
request
made
duty
respond
general
request
kind
must
derive
obviously
exculpatory
character
certain
evidence
hands
prosecutor
evidence
clearly
supportive
claim
innocence
gives
prosecution
notice
duty
produce
duty
equally
arise
even
request
made
whether
focus
desirability
precise
definition
prosecutor
duty
potential
harm
defendant
conclude
significant
difference
cases
merely
general
request
exculpatory
matter
cases
like
one
must
decide
request
third
situation
brady
rule
arguably
applies
typified
case
therefore
embraces
case
general
request
brady
material
made
consider
whether
prosecutor
constitutional
duty
volunteer
exculpatory
matter
defense
standard
materiality
gives
rise
duty
iii
considering
scope
discovery
authorized
federal
rules
criminal
procedure
wisdom
amending
rules
enlarge
defendant
discovery
rights
dealing
defendant
right
fair
trial
mandated
due
process
clause
fifth
amendment
constitution
construction
clause
apply
equally
comparable
clause
fourteenth
amendment
applicable
trials
state
courts
problem
arises
two
principal
contexts
first
advance
trial
perhaps
course
trial
well
prosecutor
must
decide
anything
voluntarily
submit
defense
counsel
second
trial
judge
may
required
decide
whether
nondisclosure
deprived
defendant
right
due
process
logically
standard
must
apply
times
unless
omission
deprived
defendant
fair
trial
constitutional
violation
requiring
verdict
set
aside
absent
constitutional
violation
breach
prosecutor
constitutional
duty
disclose
nevertheless
significant
practical
difference
pretrial
decision
prosecutor
decision
judge
dealing
inevitably
imprecise
standard
significance
item
evidence
seldom
predicted
accurately
entire
record
complete
prudent
prosecutor
resolve
doubtful
questions
favor
disclosure
reiterate
critical
point
prosecutor
violated
constitutional
duty
disclosure
unless
omission
sufficient
significance
result
denial
defendant
right
fair
trial
appeals
appears
assumed
prosecutor
constitutional
obligation
disclose
information
might
affect
jury
verdict
statement
constitutional
standard
materiality
approaches
sporting
theory
justice
expressly
rejected
brady
jury
appraisal
case
might
affected
improper
trivial
consideration
well
evidence
giving
rise
legitimate
doubt
issue
guilt
everything
might
influence
jury
must
disclosed
way
prosecutor
discharge
constitutional
duty
allow
complete
discovery
files
matter
routine
practice
whether
procedural
rules
authorizing
broad
discovery
might
desirable
constitution
surely
demand
much
expressing
opinion
representatives
state
may
suppress
substantial
material
evidence
former
chief
justice
traynor
california
pointed
duty
report
sua
sponte
defendant
learn
case
witnesses
imbler
cal
recently
noted
constitutional
requirement
prosecution
make
complete
detailed
accounting
defense
police
investigatory
work
case
moore
illinois
mere
possibility
item
undisclosed
information
might
helped
defense
might
affected
outcome
trial
establish
materiality
constitutional
sense
believe
constitutional
obligation
measured
moral
culpability
willfulness
prosecutor
evidence
highly
probative
innocence
file
presumed
recognize
significance
even
actually
overlooked
cf
giglio
conversely
evidence
actually
probative
significance
purpose
served
requiring
new
trial
simply
inept
prosecutor
incorrectly
believed
suppressing
fact
vital
defense
suppression
evidence
results
constitutional
error
character
evidence
character
prosecutor
district
recognized
case
situations
evidence
obviously
substantial
value
defense
elementary
fairness
requires
disclosed
even
without
specific
request
though
attorney
sovereign
must
prosecute
accused
earnestness
vigor
must
always
faithful
client
overriding
interest
justice
shall
done
servant
law
twofold
aim
guilt
shall
escape
innocence
suffer
berger
description
prosecutor
duty
illuminates
standard
materiality
governs
obligation
disclose
exculpatory
evidence
one
hand
fact
evidence
available
prosecutor
submitted
defense
places
different
category
simply
discovered
neutral
source
trial
reason
defendant
satisfy
severe
burden
demonstrating
newly
discovered
evidence
probably
resulted
acquittal
standard
applied
usual
motion
new
trial
based
newly
discovered
evidence
evidence
state
possession
found
neutral
source
special
significance
prosecutor
obligation
serve
cause
justice
hand
since
rejected
suggestion
prosecutor
constitutional
duty
routinely
deliver
entire
file
defense
counsel
consistently
treat
every
nondisclosure
though
error
necessarily
follows
judge
order
new
trial
every
time
unable
characterize
nondisclosure
harmless
customary
standard
standard
error
present
record
reviewing
judge
must
set
aside
verdict
judgment
unless
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sure
error
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slight
effect
kotteakos
unless
every
nondisclosure
regarded
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error
constitutional
standard
materiality
must
impose
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defendant
proper
standard
materiality
must
reflect
overriding
concern
justice
finding
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finding
permissible
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evidence
establishing
guilt
beyond
reasonable
doubt
necessarily
follows
omitted
evidence
creates
reasonable
doubt
otherwise
exist
constitutional
error
committed
means
omission
must
evaluated
context
entire
record
reasonable
doubt
guilt
whether
additional
evidence
considered
justification
new
trial
hand
verdict
already
questionable
validity
additional
evidence
relatively
minor
importance
might
sufficient
create
reasonable
doubt
statement
standard
materiality
describes
test
courts
appear
applied
actual
cases
although
standard
phrased
different
language
also
standard
trial
judge
applied
case
evaluated
significance
sewell
prior
criminal
record
context
full
trial
recalled
detail
stressing
particular
incongruity
claim
sewell
aggressor
evidence
multiple
wounds
respondent
unscathed
condition
trial
judge
indicated
unqualified
opinion
respondent
guilty
noted
sewell
prior
record
contradict
evidence
offered
prosecutor
largely
cumulative
evidence
sewell
wearing
bowie
knife
sheath
carrying
second
knife
pocket
registered
motel
since
arrest
record
requested
even
arguably
give
rise
inference
perjury
since
considering
context
entire
record
trial
judge
remained
convinced
respondent
guilt
beyond
reasonable
doubt
since
satisfied
firsthand
appraisal
record
thorough
entirely
reasonable
hold
prosecutor
failure
tender
sewell
record
defense
deprive
respondent
fair
trial
guaranteed
due
process
clause
fifth
amendment
accordingly
judgment
appeals
reversed
footnotes
moreover
motel
clerk
testified
sewell
wife
said
use
knife
however
sewell
denied
making
statement
dispute
fact
sewell
carried
bowie
knife
registered
see
burks
app
saying
request
know
exists
essence
brady
arguing
status
law
report
indicating
fingerprints
taken
fingerprints
item
defendant
alleged
assaulted
somebody
turn
defendant
absent
specific
request
information
obligation
defense
counsel
clarke
honor
another
aspect
comes
whether
government
knowingly
puts
perjured
testimony
obligation
correct
perjured
testimony
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perjured
testimony
anything
say
nothing
got
report
know
possibly
exculpatory
defense
counsel
know
misinformed
suppose
know
made
specific
request
information
say
status
law
brady
obligation
prosecutor
open
mouth
clarke
honor
materiality
items
becomes
less
point
material
request
else
government
like
defense
notice
app
app
opinion
appeals
disposed
direct
appeal
filed
respondent
sentenced
well
two
additional
appeals
taken
two
orders
denying
motions
new
trial
denial
first
motion
respondent
counsel
requested
leave
withdraw
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enable
substitute
counsel
file
new
motion
new
trial
ground
trial
counsel
representation
ineffective
request
sewell
criminal
record
reason
incorrectly
believed
inadmissible
district
denied
motion
although
action
challenged
appeal
appeals
find
necessary
pass
validity
ground
think
clear
however
counsel
failure
obtain
sewell
prior
criminal
record
demonstrate
ineffectiveness
although
majority
active
judges
circuit
well
one
members
panel
expressed
doubt
validity
panel
decision
refused
rehear
case
en
banc
mooney
alleged
petitioner
conviction
based
perjured
testimony
knowingly
used
prosecuting
authorities
order
obtain
conviction
also
authorities
deliberately
suppressed
evidence
impeached
refuted
testimony
thus
given
held
allegations
true
establish
fundamental
unfairness
justify
collateral
attack
petitioner
conviction
requirement
deemed
satisfied
mere
notice
hearing
state
contrived
conviction
pretense
trial
truth
used
means
depriving
defendant
liberty
deliberate
deception
jury
presentation
testimony
known
perjured
contrivance
state
procure
conviction
imprisonment
defendant
inconsistent
rudimentary
demands
justice
obtaining
like
result
intimidation
pyle
kansas
alcorta
texas
napue
illinois
miller
pate
giglio
donnelly
dechristoforo
see
giglio
supra
quoting
napue
supra
hold
suppression
prosecution
evidence
favorable
accused
upon
request
violates
due
process
evidence
material
either
guilt
punishment
irrespective
good
faith
bad
faith
prosecution
although
mooney
primarily
concerned
willful
misbehavior
prosecutor
brady
focused
harm
defendant
resulting
nondisclosure
see
discussions
development
note
prosecutor
constitutional
duty
reveal
evidence
defendant
yale
comment
brady
maryland
prosecutor
duty
disclose
chi
rev
md
md
petitioner
denied
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process
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state
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trial
began
proceeding
must
commence
stage
petitioner
overreached
denial
due
process
law
vitiated
verdict
sentence
rogers
richmond
verdict
saved
competent
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support
culombe
connecticut
brief
petitioner
brady
maryland
see
comment
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