96- 1702 La. 6 /20/97 STATE of Louisiana v. Sullivan WALTER . No. 96-K-1702 . Supreme Court of Louisiana June 20, 1997 . Prior report: La.App., 675 So.2d 831 . In re Walter, Sullivan;-- Defendant (s) ; applying for writ of certiorari and/or review; to the Court of Appeal, Fourth Circuit , No. 94KA-2221 ; Parish of Orleans, Criminal District Court, Div. "J" , No. 315-877 . Granted . This case is remanded to the Fourth Circuit for reconsideration. The correct standard for determining the materiality of the evidence in this case is not the outcome-determinative test provided by La.C.Cr.P. art. 851 (3) for the granting of new trials on the basis of newly discovered evidence, i.e., whether the petitioner has shown more probably than not a different result will follow a second trial in which all evidence material to the issue of guilt or punishment is disclosed to the jury. State v. Talbot , 408 So.2d 861, 884 ( La. 1981 ) (on rehearing) . The untimely disclosure as well as non-disclosure of exculpatory evidence may deprive the defendant of a fair trial. State v. Williams , 448 So.2d 659, 665 ( La. 1984 ) ; State v. Landry , 388 So.2d 699, 702 ( La. 1980 ) . The correct standard of review in this case therefore "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." Kyles v. Whitley , 514 U.S. 419, 434 , 115 S.Ct. 1555, 1566 , 131 L.Ed.2d 490 ( 1995 ) . On remand, the court of appeal must determine whether as the result of the state 's untimely disclosure, the inability of the defense to place all evidence relevant to the reliability of ... 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Carter United States Louisiana Supreme Court January 24, 2012 ... ... Walter , 96–1702, p. 1 (La.6/20/97), 695 So.2d 1340 ( quoting Kyles v. Whitley, 514 U.S. 419, 434, 115 S.Ct. 1555, 1566, 131 L.Ed.2d 490 (1995) ). Here, ultimately the CD contained no evidence not already known to the defense. It contained a recording of a telephone call made at 9:03 p.m. on July 1, ... ... Louisiana Supreme Court January 24, 2012 State v. Greenwell United States Court of Appeal of Louisiana August 18, 1999 ... ... State v. Brown, supra. Furthermore, the state need only prove intent to commit a felony within the victim's home at the moment of unauthorized entry, and not the actual felony itself. State v. Walter , 94-2221 (La. App. 4 th Cir. 5/29/96), 675 So.2d 831, writ granted and cause remanded on other matter, 96-1702 (La.6/20/97), 695 So.2d 1340, on remand, 94-2221 (La.App. 4 th Cir. 7/23/97), 698 So.2d 439 ... Notwithstanding the defendant's claim regarding his intent, the ... ... Court of Appeal of Louisiana August 18, 1999 State v. Williams, No. 07-0139 (La. App. 4/2/2008) United States Court of Appeal of Louisiana April 2, 2008 ... ... When the defendant entered Ms. Waldroup's dwelling armed with a weapon, he did not have to commit aggravated battery to be found guilty of aggravated burglary. He only had to intend to commit the offense. See State v. Walter , 94-2221 (La.App. 4 Cir. 5/29/96), 675 So.2d 831, writ granted on other grounds, 96-1702 (La. 6/20/97), 695 So.2d 1340. For example, had Mr. Arceneaux been successful in disarming the defendant, the defendant would not have been successful in committing aggravated battery, but he would still have ... ... Court of Appeal of Louisiana 94-2221 La.App. 4 Cir. 7/23/97, State v. Walter United States Court of Appeal of Louisiana July 23, 1997 ...Court to apply the correct standard for determining the materiality of the evidence untimely disclosed by the State. State v. Walter, 96-1702 (La.6/20/97), 695 So.2d 1340 . Walter argued in his initial appeal, and continues to do so, that his conviction should be reversed because the State d...... Court of Appeal of Louisiana