The U.S. Supreme Court recently granted certiorari in Smith v. Cain, which presents this question: “[i]s there a reasonable probability that, given the cumulative effect of the Brady…violations, the outcome of [Juan Smith's 1995 murder] trial would have been different?”1 For anyone who believes that Brady is often honored in the breach, Smith is a case worth watching.
Factual Background
On March 1, 1995, several armed gunmen entered Reba Espadron’s New Orleans home.2 Eight people were inside playing cards and watching television. After demanding money, the gunmen shot and killed four people. A fifth person, Shelita Russell, was also shot but was conscious when police arrived. She died several days later. Three others were more fortunate: Larry Boatner suffered only a head laceration, and Espadron and Reginald Harbor, who were in a back bedroom, were unharmed. One of the gunmen, Phillip Young, was also shot and severely injured.
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