brady maryland argued decided may separate trials maryland jury judge law facts passes admissibility evidence petitioner companion convicted murder sentenced death trial petitioner admitted participating crime claimed companion actual killing summation jury petitioner counsel conceded petitioner guilty murder first degree asked jury return verdict without capital punishment prior trial petitioner counsel requested prosecution allow examine companion extrajudicial statements several shown one companion admitted actual killing withheld prosecution come petitioner notice tried convicted sentenced conviction affirmed maryland appeals proceeding maryland appeals held suppression evidence prosecutor denied petitioner due process law remanded case new trial question punishment question guilt since opinion nothing suppressed confession reduced petitioner offense murder first degree held petitioner denied federal constitutional right new trial restricted question punishment judgment affirmed pp suppression prosecution evidence favorable accused requested violates due process evidence material either guilt punishment irrespective good faith bad faith prosecution pp appeals restricted petitioner new trial question punishment deny due process equal protection laws fourteenth amendment since suppressed evidence admissible issue punishment pp clinton bamberger argued cause petitioner brief john martin jones thomas jamison iii special assistant attorney general maryland argued cause respondent brief thomas finan attorney general robert murphy deputy attorney general opinion justice douglas announced justice brennan petitioner companion boblit found guilty murder first degree sentenced death convictions affirmed appeals maryland md trials separate petitioner tried first trial brady took stand admitted participation crime claimed boblit actual killing summation jury brady counsel conceded brady guilty murder first degree asking jury return verdict without capital punishment prior trial petitioner counsel requested prosecution allow examine boblit extrajudicial statements several statements shown one dated july boblit admitted actual homicide withheld prosecution come petitioner notice tried convicted sentenced conviction affirmed petitioner moved trial new trial based newly discovered evidence suppressed prosecution petitioner appeal denial motion dismissed appeals without prejudice relief maryland post conviction procedure act md petition relief dismissed trial appeal appeals held suppression evidence prosecution denied petitioner due process law remanded case retrial question punishment question guilt md case certiorari crime question murder committed perpetration robbery punishment crime maryland life imprisonment death jury empowered restrict punishment life addition words without capital punishment md ann code art maryland reason state constitution jury criminal case judges law well fact art xv question presented whether petitioner denied federal right appeals restricted new trial question punishment agree appeals suppression confession violation due process clause fourteenth amendment appeals relied main two decisions third circuit appeals ex rel almeida baldi ex rel thompson dye agree state correct constitutional rule ruling extension mooney holohan ruled nondisclosure prosecutor violates due process 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 petitioner papers inexpertly drawn set forth allegations imprisonment resulted perjured testimony knowingly used state authorities obtain conviction deliberate suppression authorities evidence favorable allegations sufficiently charge deprivation rights guaranteed federal constitution proven entitle petitioner release present custody mooney holohan hold suppression prosecution evidence favorable accused upon request violates due process evidence material either guilt punishment irrespective good faith bad faith prosecution principle mooney holohan punishment society misdeeds prosecutor avoidance unfair trial accused society wins guilty convicted criminal trials fair system administration justice suffers accused treated unfairly inscription walls department justice proposition candidly federal domain wins point whenever justice done citizens courts prosecution withholds evidence demand accused made available tend exculpate reduce penalty helps shape trial bears heavily defendant casts prosecutor role architect proceeding comport standards justice even though present case action result guile use words appeals question remains whether petitioner denied constitutional right appeals restricted new trial question punishment justification ruling appeals stated considerable doubt much good boblit undisclosed confession done brady jury clearly implicated brady one wanted strangle victim brooks boblit according statement also favored killing wanted shooting put place jury assume views whether matter whether brady hands boblit hands twisted shirt victim neck dogmatic us say jury attached significance evidence considering punishment defendant brady without doubt conclude withholding particular confession boblit prejudicial defendant brady appellant sole claim prejudice goes punishment imposed boblit withheld confession jury nothing reduced appellant brady offense murder first degree therefore see occasion retry issue italics added maryland constitutional provision making jury criminal cases judges law mean precisely seems say present status provision reviewed recently giles state md appeal dismissed several exceptions added statute carved judicial construction reviewed one exceptions material trial courts always passed still pass upon admissibility evidence jury may consider issue innocence guilt accused cases cited make long line going back nearly century wheeler state md stated instructions jury advisory except regard questions shall considered evidence right follows course also right prevent counsel arguing instruction bell state md see beard state md dick state md cf vogel state md usually walk treacherous ground explore state law state courts state agencies state legislatures final expositors federal regime read maryland decisions jury passes admissibility evidence pertinent issue innocence guilt accused giles state supra present case unanimous appeals said nothing suppressed confession reduced appellant brady offense murder first degree read statement ruling admissibility confession issue innocence guilt sporting theory justice might assume suppressed confession used first trial judge ruling admissible issue innocence guilt might flouted jury might done first admitted confession stricken record raise trial strategy dignity constitutional right say deprival defendant sporting chance use bifurcated trial cf williams new york denies due process violates equal protection clause fourteenth amendment affirmed footnotes judge simon sobeloff solicitor general put idea follows address judicial conference fourth circuit june solicitor general neutral advocate advocate client whose business merely prevail instant case client chief business achieve victory establish justice constantly reminded classic words penned one illustrious predecessors frederick william lehmann government wins point justice done courts see dennis maryland antique constitutional thorn rev prescott juries judges law practice continued md bar assn rept one unhappy incident recent vintage see oklahoma packing oklahoma gas electric replaced earlier opinion case matter confessions hybrid situation exists duty determine proof usually taken presence jury freely voluntarily made admissible admitted jury entitled hear consider proof circumstances surrounding obtention better determine weight sufficiency fact admits clothes presumption jury purposes either true freely voluntarily made however confession admitted read jury judge may change mind strike record strike jury mind dennis maryland antique constitutional thorn rev see also bell state supra vogel state separate opinion justice white maryland appeals declared suppression withholding state material evidence exculpatory accused violation due process without citing constitution maryland constitution also due process clause therefore sure constitution invoked thus whether state party aggrieved portion judgment even bring issue desired see new york city central savings bank minnesota national tea event state challenged correctness ruling new trial punishment called requirements due process view therefore reach due process question decides certainly case may suggested without state law question assuming correct finding violation petitioner rights suppression evidence federal question wants decided still remains namely whether denying new trial guilt well punishment deprives equal protection thus federal question deal cf bell hood wholly aside due process question involving suppression evidence majority opinion makes unmistakably clear dealing due process issue says question presented whether petitioner denied federal right appeals restricted new trial question punishment discussing length disposing suppression matter federal constitutional terms says question still decided question remains whether petitioner denied constitutional right appeals restricted new trial question punishment result course due process discussion wholly advisory event due process advice goes substantially beyond holding employ confining language cast constitutional form broad rule criminal discovery instead leave task least rulemaking legislative process full consideration legislators bench bar concur disposition petitioner equal protection argument md art home utilities revere copper brass md raymond state md county anne arundel county english md oursler tawes md justice harlan justice black joins dissenting think case presents single federal question order maryland appeals granting new trial limited issue punishment violate petitioner fourteenth amendment right equal protection opinion affirmative answer required boblit statement admissible issue guilt petitioner original trial indeed seems clear implication opinion however holds fourteenth amendment infringed considers appeals opinion maryland cases dealing maryland constitutional provision making juries criminal cases judges law well fact establishing boblit statement admissible original trial issue petitioner guilt read appeals opinion assurance opinion easily perhaps easily read indicating new trial limitation followed appeals concept power maryland post conviction procedure act md code art cum supp rule maryland rules procedure fashion appropriate relief meeting peculiar circumstances case rather view boblit statement relevant original trial issue punishment interpretation indeed fortified appeals earlier general discussion admissibility confessions falls short saying anything dispositive crucial issue find anything maryland cases cited ante bears admissibility vel non boblit statement issue guilt none cases suggests anything relevant jury may overrule trial questions relating admissibility evidence indeed means clear happens jury fact undertakes case example trial charged final analysis jury judges law facts verdict case entirely jury responsibility emphasis added moreover uncertainty score compounded state acknowledgment oral argument withheld boblit statement admissible trial issue guilt state uncertainty proper answer critical underlying issue state law view fact appeals terms address equal protection question see properly resolve case juncture think appropriate course vacate judgment state appeals remand case consideration light governing constitutional principle stated outset opinion cf minnesota national tea agree brother white necessity deciding case broad due process questions deals pp opinion section provides part finds favor petitioner shall enter appropriate order respect judgment sentence former proceedings supplementary orders rearraignment retrial custody bail discharge correction sentence matters may necessary proper rule provides appeals either affirm reverse judgment appeal taken direct manner shall modified changed amended noteworthy appeals indicate limiting way authority day state md case two defendants jointly tried convicted felony murder admitted participating felony accused homicide appeal defendants attacked trial denial severance state argued neither defendant harmed statements put evidence joint trial admission felony amounted admission guilt felony murder nevertheless appeals found abuse discretion ordered separate new trials issues response question bench whether boblit statement offered petitioner original trial admissible purposes counsel state colloquy stated yes