Garnett v. Commonwealth

We respectfully dissent.

I

This dissent shall examine the facts in the continuum of the relationship between appellant and complainant, because:

The proper standard of materiality [in Brady evaluation] must reflect our overriding concern with the justice of the finding of guilt. Such a finding is permissible only if supported by evidence establishing guilt beyond a reasonable doubt. It necessarily follows that if the omitted evidence creates a reasonable doubt that did not otherwise exist, constitutional error has been committed. This means that the omission must be evaluated in the context of…