Court of Criminal Appeals of Texas

Ex Parte Scott Kimes

November 24, 1993872 S.W.2d 700

Summary

The Court denied the applicant's habeas corpus relief, holding that although the prosecutor failed to disclose offense reports and affidavits, the withheld evidence was not favorable or material because it could not be used to impeach the key witness's credibility, and therefore no due‑process violation occurred. The Court affirmed the trial court's conclusion that disclosure would not have altered the verdict. A dissent argued the evidence was admissible for impeachment and material, and would have granted relief.