Sims v. Hyatte
914 F.3d 1078
7th Cir.2018Background
- In 1993 Shane Carey was shot; about 15–20 minutes later police found Mack Sims near the scene; no gun or physical evidence tied Sims to the shooting. Carey was the prosecution's only eyewitness who could identify the shooter.
- At trial Carey gave detailed in-court identification of Sims and identified a photo of Sims; defense impeached inconsistencies between Carey's trial testimony and earlier statements; defense moved for mistrial over an alleged single-photo showup, motion denied.
- Sims was convicted of attempted murder in 1994 and sentenced to 35 years; appellate courts affirmed, concluding the in-court ID had an independent basis despite some suggestive pretrial procedures.
- In 2012 post-conviction proceedings revealed the prosecution and its trial deputy arranged and paid for a pretrial hypnosis session for Carey that allegedly produced the decisive recollection; this hypnosis was not disclosed to defense counsel.
- Indiana courts found the hypnosis evidence favorable and suppressed but not material under Brady because Carey had a sufficient pre-hypnosis basis for identification and defense had vigorously cross-examined him; federal district court denied habeas; Seventh Circuit majority reversed and granted the writ, holding the nondisclosure was a Brady violation material to the verdict.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether suppression of evidence that the prosecution's eyewitness was hypnotized violated Brady | Sims: hypnosis was strong, non-cumulative impeachment of the prosecution's only eyewitness and would have undermined confidence in the verdict | State: Carey had an independent, pre-hypnosis basis for ID (on-scene description and multiple photo arrays); hypnosis disclosure would be cumulative and not likely to change outcome | Majority: Suppression was material under Brady and undermined confidence in verdict; habeas granted |
| Proper legal standard for Brady materiality | Sims: court must assess whether undisclosed impeachment would have reasonably changed trial outcome (undermine confidence) | State: admissibility under state law and independent factual basis for ID meant nondisclosure was not material | Majority: Indiana court applied an admissibility test improperly; federal law requires assessing effect on outcome, not just admissibility |
| Weight of hypnosis as impeachment evidence | Sims: hypnosis causes suggestibility, confabulation, memory hardening; would have produced powerful impeachment and altered juror perception of confidence | State: trial cross-examination already exposed inconsistencies; pre-hypnosis identifications and on-scene description support reliability | Majority: hypnosis is uniquely powerful impeachment given its effects and Carey's improved/confident testimony after hypnosis; not cumulative |
| Standard of review under AEDPA (whether state court unreasonably applied federal law) | Sims: Indiana court unreasonably applied Brady by focusing on admissibility rather than materiality and misweighing the effect of suppressed evidence | State: state appellate decision is entitled to deference; reasonable jurists could agree that suppressed evidence was cumulative and immaterial | Dissent: would defer to state court under §2254(d); not objectively unreasonable to find nondisclosure immaterial |
Key Cases Cited
- Brady v. Maryland, 373 U.S. 83 (suppression of favorable evidence violates due process)
- Giglio v. United States, 405 U.S. 150 (impeachment evidence falls within Brady)
- Kyles v. Whitley, 514 U.S. 419 (materiality: reasonable probability that disclosure would have changed outcome)
- Wearry v. Cain, 136 S. Ct. 1002 (withholding strong impeachment of star witness violates Brady)
- Rock v. Arkansas, 483 U.S. 44 (dangers and reliability problems of hypnotically refreshed testimony)
- Smith v. Cain, 565 U.S. 73 (undisclosed evidence that undercuts key witness can be material under Brady)
- Turner v. United States, 137 S. Ct. 1885 (impeachment evidence may be immaterial if largely cumulative)