Opinion
C052243
1-2-2007
JERRY NOBLE KENNEDY, Petitioner, v. THE SUPERIOR COURT OF COLUSA COUNTY, Respondent; THE PEOPLE, Real Party in Interest.
ORDER MODIFYING OPINION AND DENYING REHEARING [NO CHANGE IN JUDGMENT]
THE COURT:
It is ordered that the opinion filed herein on November 30, 2006, be modified as follows:
On page 9, at the end of the first paragraph, insert a closing quotation mark (") immediately following the phrase "would have been different." and delete the remaining text preceding the citation to In re Sassounian (1995) 9 Cal.4th 535. Following that citation, insert the following paragraph:
In determining the materiality of evidence that was not disclosed, "The question is not whether the defendant would more likely than not have received a different verdict with the evidence, but whether in its absence he received a fair trial, understood as a trial resulting in a verdict worthy of confidence. A `reasonable probability of a different result is accordingly shown when the governments evidentiary suppression `undermines confidence in the outcome of the trial." (Kyles v. Whitley (1995) 514 U.S. 419, 434 [131 L.Ed.2d 490, 506].) Furthermore, the materiality of the evidence is "considered collectively, not item by item." (Id. at p. 436 .)
This modification does not change the judgment.
Petitioners petition for rehearing is denied.
BY THE COURT:
SCOTLAND, P.J.
SIMS, J.
ROBIE, J.