Douglas Jordan v. State of Tennessee

A Blount County jury convicted the petitioner, Douglas Jordan, of second degree murder. The trial court sentenced the petitioner to twenty-three years in the Tennessee Department of Correction. On direct appeal, this court affirmed his conviction and sentence. The petitioner sought post-conviction relief, and the post-conviction court found that the state suppressed evidence but that the evidence was not material to the defense. On appeal, the petitioner argues that (1) the state withheld favorable, material evidence in violation of Brady v. Maryland, 373 U.S. 83 (1963); (2) the post-conviction court erred by applying a sufficiency of the evidence standard to the materiality prong of the Brady test; (3) the state’s suppression of evidence violated Article 1, sections 1 and 2, of the Tennessee Constitution; and (4) in the alternative, the petitioner’s trial counsel provided ineffective assistance by failing to properly investigate the case. Following our thorough review, we conclude that the state failed to disclose evidence that was both favorable and material to the defense in violation of the petitioner’s right to due process. Therefore, we reverse the judgment of the post-conviction court and remand the case for a new trial.