Timothy Wayne Kemp v. Arkansas
Punishment
Whether the October 7, 2021 decision of the Arkansas Supreme Court, finding that Timothy Kemp was not prejudiced under Brady v. Maryland, was in conflict with this Court's decision in Cone v. Bell
QUESTION PRESENTED Whether the October 7, 2021 decision of the Arkansas Supreme Court, finding that Timothy Kemp was not prejudiced under Brady v. Maryland, was in conflict with this Court’s decision in Cone v. Bell where, in the words of the Arkansas court, “there is no prejudice under Brady and no reasonable probability that the outcome of the trial would have been different had defense counsel been provided with the evidence,” but where that court did not distinguish between materiality of evidence with respect to guilt and materiality of evidence with respect to punishment, an omission which this Court has deemed “significant”? i PARTIES The caption contains the names of all parties. ii