Opinion
1911021.
June 12, 1992.
Petition for writ of certiorari to the Court of Criminal Appeals (CR 90-542). Appeal from the Conecuh Circuit Court, No. CC-90-079, Sue Bell Cobb, Judge.
James H. Evans, Atty. Gen., and Joseph G.L. Marston III, Asst. Atty. Gen., for petitioner.
W. Robert McMillian and George K. Elbrecht, Monroeville, for respondent.
WRIT DENIED.
HORNSBY, C.J., and SHORES, HOUSTON, STEAGALL, KENNEDY and INGRAM, JJ., concur.
MADDOX, J., dissents.
I would grant the writ of certiorari and review the opinion of the Court of Criminal Appeals that holds there was a violation of Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1962), in this case. Although I am not completely convinced that the decision of the Court of Criminal Appeals is erroneous, I would at least grant the writ and review the record to determine there was, in fact, a Brady violation here.