State of Tennessee v. William Glenn Wiley - Concurring

I agree with the majority that, in spite of numerous misdeeds committed by the State, the defendant is not entitled to relief. However, rules of discovery and rules of disclosure of  exculpatory evidence exist for a reason. They are a necessary part of our notion of due process and ensure the accused an opportunity to adequately prepare for trial. If the State violates the rules, whether intentionally or negligently, the result, even if correct, is tarnished. As Justice Douglas aptly pointed out over forty years ago, “[s]ociety wins not only when the guilty are convicted but when criminal trials are fair; our system of the administration of justice suffers when any accused is treated unfairly.” Brady v. Maryland, 373 U.S. 83, 87 (1963). Such is the case herein.