State v. Hinson

I respectfully dissent. For all practical purposes, the state concedes in its brief that a “deal” may have existed. Indeed, the state argues that Johnophine Stalls’ testimony was not exculpatory nor material to appellant’s guilt or punishment and, therefore, not subject to disclosure. Brady v. Maryland, 373 U. S. 83, 83 S. Ct. 1194, 10 L. Ed. (2d) 215 (1963). The state also erroneously contends that Mrs. Stalls’ testimony was not subject to disclosure because it was impeachment evidence and that her testimony did not affect the outcome of the trial nor deprive appellant of his right to due…