Hall v. State
In the defendant's convictions for tampering with physical evidence and hindering apprehension in connection with a murder, the State impermissibly withheld evidence of a punishment-phase witness's inability to identify the defendant in a photo lineup and the preparation prosecutors had done with the witness before trial by showing him a single photo of the defendant. The State suppressed evidence in violation of both a discovery order and Brady. While these actions did not ultimately cause reversible error in the defendant's convictions, they did require a new trial on punishment. (See TDCAA Case Summaries, February 27, 2009.)
