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BYRD v. OWEN

No. S00A1062.

536 S.E.2d 736 (2000)

272 Ga. 807

BYRD v. OWEN.

Supreme Court of Georgia.

October 2, 2000.

Attorney(s) appearing for the Case

Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, H. Maddox Kilgore, Assistant District Attorney, for appellant.

James C. Carr, Jr., Atlanta, for appellee.

SEARS, Justice.

The habeas court granted relief to petitioner/appellee Jeffrey Owen after it was revealed that the prosecution failed to disclose an immunity agreement with its main witness at trial. We conclude that the habeas court's grant of relief was proper. For approximately 13 years, the State failed to disclose its immunity agreement with its primary trial witness, despite its obligation of disclosure under Brady v. Maryland1

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