Hanson v. Cupp

This is an appeal by the defendant-warden in a post-conviction relief proceeding from an order vacating petitioner’s second-degree murder conviction and granting a new trial.

The issue presented is whether or not evidence in the hands of the prosecution, but not disclosed by it to the defense was of such a character that failure to turn it over to the defense was a violation of due process. ① We hold that the evidence amply supports the post-conviction judge’s finding that it was a violation.

Petitioner Hanson met the deceased, Sharon Griffin, at a bar where she was working as a cocktail…