Kills on Top v. State

Lester Kills On Top (Appellant) appeals from an order of the Sixteenth Judicial District Court, Custer County, denying his petition for postconviction relief and writ of habeas corpus. We affirm in part, reverse in part, and remand for resentencing.

We restate the issues Appellant raises as follows:

1. Must Appellant’s convictions or sentences be reversed because the State failed to disclose certain materials under the commands of Brady v. Maryland (1963), 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215?

2. Did an abuse of process or outrageous governmental conduct occur which requires the granting…