STATE v. MIRE (2024)

Writ granted. The court of appeal incorrectly found applicant's original claim pursuant to Brady v. Maryland, 373 U.S. 83, 87, 83 S.Ct. 1194, 1196, 10 L.Ed.2d 215 (1963) was exhausted on appeal. Because the court of appeal remanded applicant's claim(s) relating to the alleged loss or destruction of a reenactment video for an evidentiary hearing, we grant this writ for the purpose of remanding applicant's original Brady claim for inclusion and further consideration after an evidentiary hearing. See Giglio v. United States, 405 U.S. 150, 92 S.Ct. 763, 31 L.Ed.2d 104 (1972) (clarifying that the rule stated in Brady applies to evidence undermining witness credibility); see also Kyles v. Whitley, 514 U.S. 419, 441, 115 S.Ct. 1555, 1569, 131 L.Ed.2d 490 (1995) (materiality evaluation done cumulatively, rather than individually).

We additionally remand applicant's claims about counsel's performance for resolution after an evidentiary hearing. In all other respects, the writ is denied.

PER CURIAM:

Crain, J., dissents. McCallum, J., dissents.