Court of Criminal Appeals of Texas
Tracy Harm, Appellant v. the State of Texas
January 25, 20062006 Tex. Crim. App. LEXIS 117
Summary
The Texas Court of Criminal Appeals affirmed Tracy Harm's conviction for indecency with a child, holding that the State did not violate Brady because the CPS records were not in the State’s possession, were not favorable, and were not material. Accordingly, the trial court's denial of a motion for a new trial was not an abuse of discretion.