Supreme Court of Arkansas

Broderick Don Scott, Appellant v. State of Arkansas, Appellee

June 1, 20172017 Ark. LEXIS 164

Summary

The court reversed the denial of Scott's coram nobis petition and remanded for further consideration of his claim that the State withheld an exculpatory victim statement. It held that his actual-innocence and confrontation claims were not cognizable in coram nobis proceedings, but his documented Brady claim had apparent merit and the trial court had not adequately examined the required sequence of events bearing on due diligence. The remand permits factual findings and, if appropriate, an evidentiary hearing on whether the statement was available to the State, withheld from the defense, and discovered and pursued diligently.