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Hester v. State

The state's alleged Brady violation did not require reversal, since the undisclosed evidence was not outcome determinative.

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A jury convicted Thomas Wright Hester of malice murder and other offenses arising from the strangulation and stabbing death of his mother, Anita Gayle Hester.1 On appeal, Hester asserts that the trial court erred in denying his motion for new trial based, in part, on newly discovered evidence, as well as on the general grounds, and he challenges the denial of a motion to suppress his custodial statement. Finding no error, we affirm. Viewed in a light most favorable to the verdict, the evidence showed that Hester’s mother was found dead in the bedroom of her home. A knife was imbedded in the victim’s neck and the cord of a curling iron was looped twice around her neck and tied tightly. There was no evidence of forced entry. The victim’s handbag and a portion of a mop handle were on the floor near her bed, and an open wallet was found on top of her dresser. The cause of death was sharp force neck trauma associated with manual and ligature strangulation.

Hester lived in the second bedroom of his mother’s home. Certain items of Hester’s clothing were seized from his bedroom and were found to be stained with the victim’s blood. On the morning following the murder, Hester drove his mother’s car to a bank where he forged and cashed a $712 check on her account, and used the proceeds to purchase cocaine. He was arrested the next day at a bank while attempting to negotiate yet another one of his mother’s checks.

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