Ex Parte Graves
Texas Court of Appeals, 10th District (Waco)
1DissentBill Vance, Justice
Anthony Graves was deprived of a possible acquittal before the first jury when, during his capital murder trial, the State did not disclose to the defense the exculpatory statements of its “star witness,” Robert Carter, who had told the district attorney the night before his inconsistent trial testimony that he alone had committed the murders, along with his statement implicating his wife Theresa “Cookie” Carter in the murders. To avoid a possible acquittal if the jury heard the exculpatory statements, the district attorney also intentionally — “more egregiously,” as the Fifth Circuit put it…
2Cases cited23 opinions
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- Burks v. United StatesSupreme Court of the United States · 1978
- Arizona v. WashingtonSupreme Court of the United States · 1978
- Oregon v. KennedySupreme Court of the United States · 1982
- Albernaz v. United StatesSupreme Court of the United States · 1981
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