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TILLMAN v. STATE

No. 20030148.

128 P.3d 1123 (2005)

2005 UT 56

ElRoy TILLMAN, Plaintiff and Appellee, v. STATE of Utah, Defendant and Appellant.

Supreme Court of Utah.

Rehearing Denied November 29, 2005.

Attorney(s) appearing for the Case

Loni F. DeLand, Michael R. Sikora, McCaye Christianson, Salt Lake City, for plaintiff.

Mark Shurtleff, Att'y Gen., Erin Riley, Thomas Brunker, Asst. Att'ys Gen., Salt Lake City, for defendant.

DURRANT, Justice:

¶ 1 In 1983, following a jury trial, ElRoy Tillman was convicted of capital murder and sentenced to death. After he exhausted all avenues of relief under state and federal law, Tillman was scheduled to be executed. However, shortly before his execution date, Tillman discovered that the State had failed to disclose transcripts of two interviews it had conducted with the key prosecution witness prior to trial. Citing those transcripts, Tillman...

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