Richard Briggs, Jr. v. Robert R. Raines

Richard Briggs brought a habeas corpus petition challenging his state conviction for second-degree murder. Briggs contended that the prosecution’s failure to turn over to him the victim’s FBI “rap sheet” after a specific request violated due process. The district court denied the petition. We find that Briggs has exhausted his state remedies and remand to the district court for an evidentiary hearing to determine whether the victim’s FBI record contained favorable and material evidence for the petitioner. FACTS

In 1974, Richard Briggs was tried for murder in Arizona Superior Court. Briggs took the stand at trial and argued self-defense. He had spent several hours drinking with the victim, and testified that the victim was the first aggressor after Briggs rejected the victim’s homosexual advances. On several occasions Briggs requested that the prosecution turn over information on the victim’s criminal record, including his FBI rap sheet. The trial court refused to order production. The jury convicted Briggs of second-degree murder, and he is currently serving a prison term of thirty to sixty years.

The Arizona Supreme Court affirmed the conviction, holding that the prosecutor’s…