North Carolina v. Norfolk Junior Best
HabeasCorpus Privacy
Does an appellate court violate the core principles of Brady in post-conviction review
QUESTION PRESENTED In Brady v. Maryland, 373 U.S. 83 (1963), this Court held that suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment, irrespective of the good faith or bad faith of the prosecution. The question presented is: Does an appellate court violate the core principals of Brady in post-conviction review where in its materiality analysis it disregards both evidence clearly available at the time of trial and also its own prior opinion on direct appeal where it held that defendant’s identity as the perpetrator of the crime was established by his bloody fingerprint on the knife found under one of the victim’s bodies? RELATED CASES State v. Best, 93 CRS 2621-22 (26 April 2016), Superior Court of Columbus County, North Carolina. Judgment entered April 26, 2016. State v. Best, No. 300A93-3, Supreme Court of North Carolina. Judgment entered December 18, 2020.