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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

State v. Brooks, 960 S.W.2d 479 (1997)

Citation
State v. Brooks, 960 S.W.2d 479 (1997)
Parent Document
State v. Brooks, 960 S.W.2d 479 (1997)
Jurisdiction
Missouri (state)
Effective Date
1997-12-23

Other Sections in This Document (214)

Full Text

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473 U.S. at 676, 105 S.Ct. at 3380-81. In this case, the prison records to which appellant refers would serve, at best, merely to rebut the state’s effort to impeach a defense expert’s testimony. Even if such evidence had been disclosed, no reasonable probability exists that the defense’s use of it would have changed the outcome of the punishment phase of this trial. Considering the limited use of the documents to the defense and the otherwise substantial evidence supporting the imposition of the death penalty in this case, the state’s failure to disclose appellant’s prison records does not undermine confidence in the outcome of the punishment phase of appellant’s trial. See State v. Weaver, 912 S.W.2d 499, 515 (Mo. banc 1995), cert. denied, — U.S. -, 117 S.Ct. 153, 136 L.Ed.2d 98 (1996). Appellant’s point is denied. 3 VI.