GREEN v. STATE

No. CR 10-511.

380 S.W.3d 368 (2011)

2011 Ark. 92

Billy Dale GREEN, Appellant, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas.

March 3, 2011.


Attorney(s) appearing for the Case

Montgomery, Adams & Wyatt, PLC, by: James W. Wyatt and Dale E. Adams , Little Rock, for appellant.

Dustin McDaniel , Att'y Gen., by: Laura Shue , Ass't Att'y Gen., Little Rock, for appellee.


JIM GUNTER, Justice.

Appellant appeals the circuit court's denial of his motion to dismiss the charges against him on double-jeopardy grounds based on prosecutorial misconduct. On appeal, appellant argues that, due to the State's Brady violation in his first trial, and the fact that he has already been granted a new trial on other grounds, the only appropriate remedy for this violation is a dismissal of the charges against him. Because this is a subsequent...

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