State v. Hinson

Ness, Chief Justice:

Appellant Thomas Hinson was convicted of trafficking in marijuana and sentenced to twenty-five years in prison. We affirm appellant’s conviction, but remand to permit appellant to move before the circuit court for a new trial.

Prior to trial, appellant made a motion for disclosure of favorable evidence pursuant to Brady v. Maryland, 373 U. S. 83, 83 S. Ct. 1194, 10 L. Ed. (2d) 215 (1963). He renewed his motion at the commencement of the trial. The State disclosed nothing regarding a promise of immunity with prosecution witness Johnophine Stalls.

In response to questioning by…