Buffey v. Ballard (Signed Opinion)
Annotate this CasePetitioner pleaded guilty to one count of robbery and two counts of sexual assault. Petitioner’s first petition for writ of habeas corpus was unsuccessful. Thereafter, Petitioner filed a second petition for a writ of habeas corpus based on the results of new DNA testing that excluded Petitioner as either a primary or secondary sperm contributor. The circuit court denied relief. Petitioner appealed, arguing that the State violated Brady v. Maryland by failing to disclose an exculpatory DNA report it possessed more than six weeks prior to the final plea hearing. The Supreme Court reversed, holding that the State’s failure to disclose favorable DNA test results obtained six weeks prior to Petitioner’s plea hearing violated Petitioner’s due process rights, and the error was prejudicial.
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