Stephen Elliot Powers v. Mississippi

Petitioner Stephen Powers uncovered exculpatory evidence that the State failed to disclose prior to trial in violation of Brady v. Maryland, 373 U.S. 83 (1963). The exculpatory evidence includes an original, alternate suspect with a close nexus to the victim as well as exculpatory DNA evidence. Powers was unaware of the evidence that the government actively concealed from him until 2023. Further, even when Powers suspected exculpatory material existed in 2023, the State continued to actively conceal that evidence. The State instructed a locality and the Mississippi Forensics Laboratory not to provide Powers with any evidence. Because of this, Powers was forced to file a motion to compel, which was granted in part. Once Powers received exculpatory material, he promptly filed his petition for postconviction relief in the Mississippi Supreme Court—less than two months after disclosure. Rather than directly addressing the merits of Powers’ Brady claims, the Mississippi Supreme Court dismissed the petition without addressing whether the materials had been suppressed or without a determination as to whether Powers was at fault for not presenting the claim earlier. The questions presented are:

1. Whether the State’s suppression of exculpatory evidence of an alternate, original suspect with a nexus to the victim deprived Powers of his right to a fair trial in violation of the Fourteenth Amendment?

2. Whether the State’s suppression of exculpatory DNA material along with misleading statements to the trial court and the jury deprived Powers of his right to a fair trial in violation of the Fourteenth Amendment?