Ex Parte Scott Kimes

Summary

The Court of Criminal Appeals of Texas denied Scott Kimes' writ of habeas corpus, holding that although the prosecutor failed to disclose offense reports and affidavits, the withheld evidence was not material and therefore did not constitute a Brady/Bagley due process violation. The Court reasoned that the reports were inadmissible for bias or impeachment purposes and that the Hendon trial was irrelevant. Justice Mahoney dissented, arguing that the evidence was both admissible and material and that relief should have been granted.