Supreme Court of Arkansas

Donnie Maiden, Appellant v. State of Arkansas, Appellee — Hart, J., Dissenting

June 26, 20142014 Ark. LEXIS 402

Summary

Justice Hart, dissenting, would reverse the judgment and remand for a new trial because the prosecutor willfully withheld that a key witness had changed his story and would identify Maiden as the shooter. She reasons that the undisclosed testimony destroyed the defense's opening-statement strategy and credibility, and that cross-examination, an admission of wrongdoing, and a jury admonishment could not cure the prejudice. Justice Baker joined the dissent.