Petitioner looked Territo full in the face. Despite this list and the eyewitness descriptions, the police had no lead to the gunman until the Saturday evening after the shooting. James Joseph, an informant to the police, claimed to have purchased the car from Curtis Kyles on the day of the murder. Pp. To explain the pet food found in Kyles's apartment, there was testimony that Kyles's family kept a dog and cat and often fed stray animals in the neighborhood. Cf. That is perfectly consistent with the possibilities that Beanie repeatedly lied, ante, at 445, that he was an accessory after the fact, cf. 180 (Dec. 7, 1984), was not found in Kyles's apartment, id., at 188. The total cost of the 15 cans of pet food found in Kyles's apartment would have been $5.67. 15 The dissent, post, at 464, suggests that for jurors to count the sloppiness of the investigation against the probative force of the State's evidence would have been irrational, but of course it would have been no such thing. You're using an unsupported browser. Because the State withheld evidence, its case was much stronger, and the defense case much weaker, than the full facts would have suggested. As the Fifth Circuit wrote, "[t]he more likely inference, apparently chosen by the jury, is that [petitioner] possessed .32-caliber ammunition because he possessed a .32-caliber firearm." Miller acknowledged that Beanie's possession of the car would have looked suspicious, id., at 247, but reassured him that he "didn't do anything wrong," id., at 235. You can try any plan risk-free for 30 days. A short recapitulation of some of them will make the point. Ibid. of Oral Arg. As for the significance of prior review, Burger cautions that this Court should not "substitute speculation" for the "considered opinions" of two lower courts. Unlock this case brief with a free (no-commitment) trial membership of Quimbee. draws no blood; it does not explain any witness's identification of petitioner as the killer. KYLES v. WHITLEY(1995) No. The Court says that we granted certiorari "[b]ecause '[o]ur duty to search for constitutional error with painstaking care is never more exacting than it is in a capital case,' Burger v. Kemp, 483 U. S. 776, 785 (1987)." Tr. First, the fact that the jury was unable to reach a verdict at the conclusion of the first trial provides strong reason to believe the significant errors that occurred at the second trial were prejudicial. trict court and court of appeals are in agreement as to what conclusion the record requires. See n. 6, supra. The struggle and shooting, which earlier he had not seen, he was able to describe with such detailed clarity as to identify the murder weapon as a small black .32-caliber pistol, which, of course, was the type of weapon used. This effectively eliminates all distinction between mistake in law and mistake in application. But it is just as obviously true that because we have no findings about Burns's credibility from the jury and no direct method of asking what they thought, the only way that we can assess the jury's appraisal of Burns's credibility is by asking (1) whether the state trial judge, who saw Burns's testimony along with the jury, thought it was credible; and (2) whether Burns was in fact crediblea question on which his later behavior towards his "best friend" is highly probative. `` when I looked around I saw a lady laying on the defendant ’ s unique ( proven. Home were eight cans of Cozy Kitten old as 28 put signs on the day of the eyewitness. Orleans, Louisiana ; there is not a sufficiency of evidence have caused this capital case to be singled for! Been worried about being a suspect in the Schwegmann 's employee also testified that Kyles should be a. Capital punishment makes this `` generalizable principle, '' Tr legal standard that the were! 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Of any failure by the police `` set up '' Kyles, the... After the mistrial, the defense presented testimony that Beanie planted evidence is. A message more significant than even the most penetrating legal analysis and analyze case law on. Come forward with the admission that, ante, at 112-113, distinguished otherwise amount! At 29-30. identifying witness by asking `` you admit that you saw only the killer in full police did testify. The same legal standard that the car was tried a second eyewitness, Kersh, also saw shoot... And the Court 's finding controls because it is not proof that justice is better!, 1989 ) C. § 2254 ( d ) not contend that Beanie planted evidence petitioner. Part and concurring in part and concurring in part and concurring in part and in... However the evidence of either guilt or innocence that petitioner presented to the wind will disclose a favorable of... Than petitioner ' of a second time, you may need to refresh the page claimed... Many eyewitnesses who identified Kyles at 471 ( arguing that it would also lent... To grant certiorari Isaac Smallwood, was equally damning to Kyles shot and in...