In Re Sodersten

More than 20 years ago, petitioner Mark Collin Sodersten was convicted of the special circumstance murder of Julie Wilson and related offenses. The jury spared his life. Sentenced to life in prison without the possibility of parole, petitioner pursued his appeal in this court and lost. Some 12 years after his conviction, this court directed the superior court to hear and determine petitioner’s various claims in a habeas corpus proceeding. The habeas corpus proceeding remained in the trial court for six years while discovery and investigative proceedings ensued. During that process, it was discovered that at the time of trial, prosecuting and law enforcement authorities were aware of or actually possessed tape-recorded statements of the two key trial witnesses that contained inconsistent statements, as well as admissions of lying and coercive interrogation of one of the witnesses. These tape recordings were never disclosed to the defense. After consideration of all arguments, the trial court denied petitioner’s writ, finding no prejudice in light of all the evidence.

In this court, petitioner pressed his claim that this suppression of evidence denied him a fair trial. We…