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KYLES v. WHITLEY

No. 93-7927.

514 U.S. 419 (1995)

KYLES v. WHITLEY, WARDEN

United States Supreme Court.

Decided April 19, 1995.

Attorney(s) appearing for the Case

James S. Liebman argued the cause for petitioner. On the briefs were George W. Healy III, Nicholas J. Trenticosta, Denise Leboeuf, and Gerard A. Rault, Jr.

Jack Peebles argued the cause for respondent. With him on the brief was Harry F. Connick.

Souter, J.,delivered the opinion of the Court,in which Stevens, O'Connor, Ginsburg, and Breyer, JJ.,joined. Stevens, J.,filed a concurring opinion, in which Ginsburg and Breyer, JJ.,joined, p. 454.Scalia, J., filed a dissenting opinion, in which Rehnquist, C. J., and Kennedy and Thomas, JJ., joined, p. 456.

Justice Souter, delivered the opinion of the Court.

After his first trial in 1984 ended in a hung jury, petitioner Curtis Lee Kyles was tried again, convicted of first-degree murder, and sentenced to death. On habeas review, we follow the established rule that the state's obligation under Brady v. Maryland, 373 U.S. 83 (1963), to disclose evidence favorable to the defense, turns on the cumulative effect of all such evidence...

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