Billy Dale Green v. State of Arkansas — Brown, J., Concurring in Part and Dissenting in Part

Summary

Justice Brown agrees that the prosecutor’s failure to disclose the second statement warranted a new trial, but dissents from referring the matter for possible professional discipline without explaining whether the referral rests on intentional concealment or negligence. He emphasizes that the record and trial court’s findings characterized the nondisclosure as inadvertent and argues that the disciplinary standard should be clarified. Justice Danielson, dissenting, would have held that an egregious Brady violation required dismissal of the charges rather than a new trial.