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SUPREME COURT OF LOUISIANA NO. 96-C-0434 ISSAC KNAPPER V. HARRY F. CONNICK AND DAVID PADDISON ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FOURTH CIRCUIT, STATE OF LOUISIANA

MARCUS, Justice* In 1979, Issac Knapper was indicted by an Orleans Parish grand jury for first degree murder. After a jury trial, he was convicted His conviction and sentence

and sentenced to life imprisonment. were affirmed on appeal.1

Subsequently, Mr. Knapper obtained the

initial police report for the murder at issue and filed a petition for post-conviction relief, claiming that the report contained exculpatory information which should have been disclosed under Brady v. Maryland, 373 U.S. 83 (1963). After an evidentiary

hearing ordered by this court,2 the trial judge denied relief. Upon application to this court, we granted Mr. Knapper's petition for post-conviction relief in a divided opinion.3 Three of the

justices dissented, being of the opinion that the information in the report was not sufficient to change the outcome of the

proceedings or to create a reasonable doubt that did not otherwise exist, even if the information had been made available to the defense prior to trial. The District Attorney chose not to retry

*

Bleich, J. not on panel. Rule IV, Part 2,

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