85-K-0161 Precedential Processed

State v. Johnson

Louisiana Supreme Court · Filed March 15, 1985 · 464 So. 2d 1363

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Opinion text

464 So.2d 1363 (1985) STATE of Louisiana v. Walter E. JOHNSON, Jr. No. 85-K-0161. Supreme Court of Louisiana. March 15, 1985. GRANTED. This case, 463 So.2d 620 , is remanded to the Court of Appeal for reconsideration of the Brady issue under the proper standard of review. In a case where the defense had made a request for specific exculpatory evidence, the standard of materiality is whether the undisclosed evidence might have affected the jury's verdict. Brady v. Maryland, 373 U.S. 83 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 (1963); see, State v. Perkins, 423 So.2d 1103 (La.1982); State v. Willie, 410 So.2d 1019 (La.1982). In a case where the defense had made only a general request for "all Brady material," or no request at all, the test is whether the undisclosed evidence creates a reasonable doubt that otherwise does not exist. United States v. Agurs, 427 U.S. 97, 96 S.Ct. 2392 , 49 L.Ed.2d 342 (1976). In either case, however, the question of materiality does not turn on the standard governing new trial motions based on newly discovered evidence: that the undisclosed evidence is so material that "it would probably have changed the verdict or judgment of guilty...." La.C.Cr.P. art. 851(3). In United States v. Agurs, supra , the Supreme Court cautioned that "[i]f the standard applied to the usual motion for a new trial based on newly discovered evidence were the same when the evidence was in the state's possession as when it was found in a neutral source, there would be no special significance to the prosecutor's obligation to serve the cause of justice." Id., 427 U.S. at 111 , 96 S.Ct. at 2401 .