Muhammad v. Warden of Sussex I State Prison

In claim (I), petitioner alleges that his Fifth, Eighth 1 and Fourteenth Amendment rights, and corresponding rights under the Virginia Constitution were violated by the Commonwealth's failure to disclose exculpatory information to petitioner as required by Brady v. Maryland, 373 U.S. 83 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 (1963).

As the Court has stated previously, and reiterated in our opinion affirming petitioner's conviction and sentence of death:

In Brady [], the United States Supreme Court held that "the suppression by the prosecution of evidence favorable to an accused upon request violates…