Lemons v. Commonwealth

I concur with the majority’s position regarding the statements given by Gunn, Smith and Dungee. No specific evidence in this record establishes that those statements contained exculpatory material. However, these individuals were present at the shooting and a plausible argument can be advanced that if Murray saw shooters other than the defendant, then Gunn, Smith, and Dungee also may well have witnessed the event. Under the present state of the law, such a possibility does not “constitute a substantial basis” for claiming materiality exists and, accordingly, no reversible error exists based…