A jury found Palmer guilty of the 1995 murders of his estranged wife and stepdaughter, and he was sentenced to death. This Court affirmed the convictions and sentence. Palmer v. State , 271 Ga. 234 517 SE2d 502 1999. The United States Supreme Court denied certiorari. Palmer v. Georgia , 528 U. S. 1051 120 SC 591, 145 LE2d 491 1999. Palmer filed a petition for a writ of habeas corpus on August 4, 2000, and, after the completion of discovery, the habeas court held a five-day evidentiary hearing in October 2003. On March 25, 2005, the habeas court granted relief to Palmer, and vacated his convictions, because of the State’s pretrial suppression of evidence favorable to Palmer that it was legally obligated to disclose to him. See Giglio v. United States , 405 U. S. 150, 153-154 92 SC 763, 31 LE2d 104 1972; Brady v. Maryland , 373 U. S. 83, 87 83 SC 1194, 10 LE2d 215 1963. The habeas court also granted relief to Palmer due to ineffective assistance of his trial counsel. In case number S05A1182, the warden appeals the habeas court’s order granting Palmer habeas relief; in case number S05X1319, Palmer appeals the habeas court’s denial of his remaining claims. We affirm the vacation of Palmer’s convictions due to Brady error. THE BRADY CLAIM
1. The factual background. Palmer’s wife, Brenda, separated from him and filed for divorce in May 1995. In July 1995, Palmer was jailed because he violated a restraining order to stay away from Brenda. He was released on September 1, 1995, and after his release he made some threats to kill her to other people. He told them he was angry that she might get some of his property in the divorce. He spent part of the day on September 10, 1995, looking for his guns that had been hidden from him while he was in jail. One of his guns was a .22 caliber rifle, later determined to be the murder weapon. Frederico Palmer, Palmer’s nephew, testified that Palmer picked him up that night in Palmer’s blue Caprice Classic, ostensibly to go to Augusta. Instead, according to Frederico, Palmer enlisted him in his scheme to kill Brenda and her 15-year-old daughter, Christine. Palmer and Frederico drove to Vidette, where Brenda was living, and briefly parked on the side of the road near a laundromat close to Brenda’s house while they finalized their plan. Frederico dropped off Palmer, who was wearing gloves and carrying his rifle, near Brenda’s house; Frederico then parked the car and joined Palmer on foot. Frederico disconnected the phone line to the house at Palmer’s request, and Palmer kicked in the door and shot and killed Brenda and Christine. After leaving the crime scene, Palmer tossed his rifle, shoes, and gloves off a bridge. Two days later, Frederico confessed and led the police to the rifle, shoes, and gloves. He pled guilty to two counts of felony murder and testified for the State at Palmer’s trial.
