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BOWMAN v. STIRLING

No. 20-12.

45 F.4th 740 (2022)

Marion BOWMAN, Jr., Petitioner-Appellant, v. Bryan P. STIRLING, Commissioner, South Carolina Department of Corrections; Lydell Chestnut, Deputy Warden of Broad River Correctional Secure Facility, Respondents-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: August 16, 2022.

Attorney(s) appearing for the Case

ARGUED: Teresa L. Norris , FEDERAL DEFENDERS OF WESTERN NORTH CAROLINA, INC., Charlotte, North Carolina, for Appellant. William Joseph Maye , OFFICE OF THE ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia, South Carolina, for Appellees. ON BRIEF: Lindsey S. Vann , Megan E. Barnes , JUSTICE 360, Columbia, South Carolina, for Appellant. Alan Wilson , Attorney General, Donald J. Zelenka , Deputy Attorney General, Melody J. Brown , Senior Assistant Deputy Attorney General, OFFICE OF THE ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia, South Carolina, for Appellees.

Affirmed by published opinion. Judge Rushing wrote the opinion, in which Judge Niemeyer and Judge Agee joined.

When the prosecution suppresses favorable evidence material to a defendant's guilt or punishment, it violates the constitutional guarantee of due process. See Brady v. Maryland, 373 U.S. 83, 87, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963). Evidence is "material" when "there is a reasonable...

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