Legal Opinion

Iness v. State

Court of Criminal Appeals of Texas

Decided September 10, 1980No. 55612PublishedCited by 77 opinions

1Opinion of the Court

OPINION

DOUGLAS, Judge.

Appellant was convicted of rape under the former code, Article 1183, V.A.P.C. *308The jury assessed his punishment at twenty-five years.

The main contention is that the prosecution suppressed evidence. We hold that the report allegedly suppressed was not exculpatory. There must be a suppression of material evidence according to all of the cases before a case will be reversed. The alleged suppressed evidence was not admissible, material or exculpatory. The dissent would adopt a new test that a reversal may be had when suppressed material “ ‘may have had an effect on the…

2Cases cited20 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. United States v. AgursSupreme Court of the United States · 1976
  3. Napue v. IllinoisSupreme Court of the United States · 1959
  4. Williams v. New YorkSupreme Court of the United States · 1949
  5. Mooney v. HolohanSupreme Court of the United States · 1935

15 more not listed; retrieve them via the Exa API.

3Cited by77 opinions

  1. Hawkins v. StateCourt of Criminal Appeals of Texas · 1983
  2. Balderas v. StateCourt of Criminal Appeals of Texas · 2016
  3. Ex Parte KimesCourt of Criminal Appeals of Texas · 1993
  4. Howell v. StateCourt of Criminal Appeals of Texas · 2005
  5. Thomas v. StateCourt of Criminal Appeals of Texas · 2016

72 more not listed; retrieve them via the Exa API.

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