Billy Dale Green v. State of Arkansas

Summary

The court affirmed the denial of Green’s motion to dismiss the capital-murder and kidnapping charges on double-jeopardy grounds. Although the State conceded that its failure to disclose a witness’s exculpatory statement violated Brady, the court held that a new trial was the appropriate remedy and that dismissal was not warranted absent prosecutorial intent to provoke a mistrial. Justice Danielson, dissenting, would have held that the Arkansas Constitution provides broader protection for an egregious Brady violation, while Justice Brown, joined by Justice Baker, dissented only from the referral to the Professional Conduct Committee.