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Floyd v. State

Brady does not require pretrial disclosure of materials sought under a Brady motion.

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Luther E. Floyd appeals from the trial court’s denial of his motion for new trial following his conviction for armed robbery. As his sole issue on appeal, Floyd contends that the trial court erred in not granting a new trial based on the State’s mfailure to produce exculpatory evidence as required by Brady v. Maryland, 373 U.S. 83 83 SC 1194, 10 LE2d 215 1963. Floyd was convicted in connection with the robbery of a movie rental store in Jesup, Georgia on September 3, 1996. Two men with masks entered the store, and sprayed the clerk with a substance that made her cough and be unable to catch her breath. They then took money from the cash drawer and ran out of the store. A police officer began searching for the suspects in a wooded area near the store. The officer ran through the woods to the back of an apartment complex where he discovered rags matching witnesses’ descriptions of the men’s masks and two sets of footprints. He followed the footprints until they ended at a paved street. Tracking dogs were then employed in the search, and they led police to Floyd’s apartment where they located two prints from the same shoe, which were very similar to the other prints leading up to the house.

Police obtained Floyd’s permission to search his apartment, and discovered Floyd’s co-defendant, Gary Gallamore, hiding in a bedroom closet. His clothes were wet. Police also found a wet sweatshirt on the bedroom floor and two pairs of tennis shoes that were similar in tread design to the footprints seen behind the apartment complex. During a later search of the apartment, police found hidden in a duffle bag in the laundry room, money, checks and other items taken from the movie rental store during the robbery.

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