The U.S. Court of Appeals for the Tenth Circuit ruling in Browning v. Trammell is available in Adobe .pdf format. It overturns the conviction and death sentnence.
The Tulsa World reports, "Death penalty overturned: Man will get new trial in Glenpool killings case," by Bill Braun.
An appeals court has affirmed a Tulsa federal judge’s ruling to grant a new trial to a man who had been sentenced to die for the murders of a Glenpool couple.
In a ruling issued Monday, the 10th U.S. Circuit Court of Appeals upheld a decision by U.S. Senior District Judge Terence Kern to overturn the death verdicts that were imposed at the 2003 trial of Michael Allen Browning, who is now 37.
The 10th Circuit decision “will not be appealed. Our focus now is to start contacting witnesses and prepare for another trial,” said Tulsa County First Assistant District Attorney Doug Drummond.
The 10th Circuit’s opinion says that “what the jury did not know — and the defense attorneys also did not know — was that Tackett, who became the most important witness at trial, had been diagnosed with a severe mental disorder.”
That information “was favorable to Browning and material to his defense, the federal appeals court wrote.
Related posts are in the prosecutorial misconduct category index. The responsibility of the state to provide exculpatory evidence to the defense was articulated in the 1963 Supreme Court ruling in Brady v. Maryland; more via Oyez.