Davis v. State
In Davis v. State, 47 P.3d 981 (Wyo. 2002), Davis had been convicted of conspiracy to deliver methamphetamine and delivery of methamphetamine. Davis, 47 P.3d at 982.
His conviction was due largely to the testimony of one witness, Morris, who testified that Davis had participated in the sale of one gram of methamphetamine. Id. 47 P.3d at 983.
Three days after Davis was sentenced, he learned of a taped conversation between Morris and an informant that recorded Morris using narcotics. Id. 47 P.3d at 984.
The Court reversed and remanded that case for a new trial reasoning that "impeachment evidence that could be used to discredit such an important witness or cast doubt on her veracity is usually material." Id. 47 P.3d at 987.
In Davis, the credibility of Morris was particularly important and the state took affirmative steps to establish her as a recovering addict who was trustworthy. Id. 47 P.3d at 983-84.
Therefore, the recorded evidence that directly contradicted her testimony made it reasonably probable that Davis did not receive a fair trial. Id. 47 P.3d at 987.