Russell J. Berger, Appellant v. State of Arkansas, Appellee

Summary

The court denied Berger's petition for permission to pursue coram-nobis relief and held that his allegations did not establish that authorities withheld material favorable evidence. The alleged evidence that the victim also accused his uncle of abuse neither exonerated Berger nor demonstrated a reasonable probability of a different result, and the evidence would not have been admissible to impeach the victim under the rape-shield statute. Berger's motions to subpoena custody-action transcripts and supplement his petition were therefore moot.