Trace Rogers Smith v. State, 01-15-00366-CR

Appellant Trace Rogers Smith charged in Comal County with Attempted Capital Murder, Aggravated Kidnapping, Tampering with Physical Evidence, Aggravated Sexual Assault, and Aggravated Robbery; jury trial held Feb 23–27, 2015.
Jury found Smith guilty on Attempted Capital Murder, Aggravated Kidnapping, Aggravated Robbery, and Tampering; acquitted of Aggravated Sexual Assault.
Punishment: 42 years for Attempted Capital Murder and Aggravated Kidnapping, 10 years for Aggravated Robbery, 5 years for Tampering.
Victim Dana Huth was kidnapped, hog‑tied, gagged, and tortured; she escaped the shed, was treated for injuries, and later the backstory involved multiple codefendants.
State’s key witness Barkley testified; Hopkins, Stovall, Lardieri, Richards also testified; Appellant claimed non‑participation but admitted some involvement.
Appellant argues the State violated Brady v. Maryland by delaying disclosure of a witness’s prior murder conviction; State argues the information was immaterial and not in its possession at trial.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Brady violation for late disclosure of a witness’s prior murder conviction	Smith (Appellant)	State	No reversible error; disclosure immaterial; conviction affirmed.

Brady v. Maryland, 373 U.S. 83 (1963) (constitutional duty to disclose material exculpatory evidence)
Hafdahl v. State, 805 S.W.2d 396 (Tex.Crim.App. 1990) (Brady requires materiality for due process violation)
Hall v. State, 283 S.W.3d 137 (Tex.App.—Austin 2009) (immateriality when sufficient impeachment and strong state case exist)
Hampton v. State, 86 S.W.3d 603 (Tex.Crim.App. 2002) (materiality balancing test for undisclosed impeachment evidence)
Jones v. State, 711 S.W.2d 35 (Tex.Crim.App. 1986) (impeachment evidence generally not outcome-determinative)