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276 S.C. 243

277 S.E.2d 602

State v. Goodson

Supreme Court of South Carolina

Decided April 23, 1981

Supreme Court of South Carolina · decided 1981-04-23

Relies on Brady v. State of Maryland · United States v. Agurs · State v. Goodson

Good law ✅— No negative treatment on recordhow we know

Decided 1981-04-23

How this case has been cited

Cited by 6 later decisions — most recently May 2004

6 state decisions

30198119902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Ness, Justice

¶1(dissenting) :

¶2I respectfully dissent, concluding the State’s failure to disclose the existence of the roll of film did not deprive the appellant of a fair trial. Brady v. Maryland, 373 U. S. 83, 83 S. Ct. 1194, 10 L. Ed. (2d) 215 (1963); and United States v. Agurs, 427 U. S. 97, 96 S. Ct. 2392, 49 L. Ed. (2d) 342 (1976).

¶3It is utterly ridiculous to contend that the defendant, David Goodson, had his picture taken inside the Highway Department while he was robbing it. Although the roll of film may inculpate someone other than the appellant in the crime, it does not exculpate him.

¶4The failure to disclose information constitutes reversible error only if “the omission deprives the defendant of a fair trial.” Agurs, supra; State v. Gambrell, S. C., 266 S. E. *249(2d) 78 (1980). I fail to see how the omitted information creates a “reasonable doubt concerning appellant’s guilt” in this case. State v. Goodson, 273 S. C. 264, 265, 255 S. E. (2d) 679, 680 (1979). The trial judge held, and I agree, this evidence was not exculpatory. I would affirm the conviction.

¶5Affirmed.

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