Johnson v. State

in which ANDERSON, C.J., and DROWOTA, BIRCH, and HOLDER, JJ., joined.

The sole issue in this capital post-conviction appeal is whether the State improperly withheld material, exculpatory evidence at the appellee’s capital sentencing hearing. The appellee was convicted of felony murder and sentenced to death in 1985, and in 1991, he filed a post-conviction petition alleging, among other things, that the State improperly withheld a police report that was discoverable under Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963). The post-conviction court denied relief, but the Court…