Byrd v. Owen

Sears, Justice.

The habeas court granted relief to petitioner/appellee Jeffrey Owen after it was revealed that the prosecution failed to disclose an immunity agreement with its main witness at trial. We conclude that the habeas court’s grant of relief was proper. For approximately 13 years, the State failed to disclose its immunity agreement with its primary trial witness, despite its obligation of disclosure under Brady v. Maryland 1 and Giglio v. United States. 2 Our review of the recorded proceedings in the trial and habeas courts leads us to conclude that: (1) if the State’s immunity…