Opinion

Hayes v. State

  • 711 S.W.2d 876
Court
Supreme Court of Missouri
Filed
Jul 15, 1986
Status
Published
Author
Robertson
On the bench
Blackmar, Higgins, Welliver, Rend-Len, Billings, Robertson, Donnelly
Cited by
14 cases
Authority
More cited than 7.3%

finding that State had a duty to advise defendant’s counsel that plea bargain had been made with witness where prior discussion of the matter gave clear indication to the defendant’s counsel that there had been no bargain

How later courts described this case

  • finding that State had a duty to advise defendant’s counsel that plea bargain had been made with witness where prior discussion of the matter gave clear indication to the defendant’s counsel that there had been no bargain

Written by the judges who cited it.

The opinion

ROBERTSON, Judge,

dissenting.

I respectfully dissent.

As the majority opinion correctly notes, a new trial is constitutionally mandated only if the evidence undisclosed to appellant is material. The materiality of the undis *881 closed evidence is determined by the reasonable probability that had the evidence been disclosed a different result might have been reached. United States v. Bagley, — U.S. —, 105 S.Ct. 3375, 3385 , 87 L.Ed.2d 481 (1985). I further agree that the trial court made no finding on the materiality issue; Bagley had not been decided at the time the trial court issued its ruling.

I part company with the majority opinion, however, when it assumes the role of trial court and, without more, determines that the withheld evidence was, in fact, material. While the Bagley decision seems to invite appellate court speculation, I believe that we would be better served if the case were remanded to the trial court for a finding on the materiality of the withheld evidence under Bagley .

I dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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