Wright v. State

OPINION

ANDERSON, C.J.

We granted this appeal to determine whether the appellant’s due process rights were violated when the lower courts dismissed his post conviction petition as time-barred by the three-year statute of limitations since the asserted violation of Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963), did not arise until after expiration of the three-year statute of limitations.

The Court of Criminal Appeals affirmed the trial court’s dismissal of the petition after concluding that the appellant’s interest in asserting and litigating the issue did not outweigh the…