Ecourt* Kokua System Recommendations
On 18 February 2013, trial counsel made one other inquiry concerning the video. The prosecutor then spoke with an investigator who went to the pawn shop and learned that the video had been destroyed six months ago. In this misdemeanor DWI case the trial court did not err by denying the defendant’s motions to look at the Intoximeter supply code. The courtroom rejected the defendant’s argument that the supply code was Brady proof, reasoning that he failed to indicate that it was favorable and materials. The courtroom noted that the jury discovered the defendant guilty beneath each prongs of the DWI statute.
The dash cam footage was not materials exculpatory evidence; instead, it was solely potentially helpful. To set up a constitutional violation based on the destruction of potentially useful proof, the defendant should present unhealthy faith. The trial courtroom erred by concluding that destruction of the footage warranted dismissal, no matter unhealthy religion on the a part of the State.
The courtroom of appeals remanded the case to the trial court for a dedication of whether the footage was destroyed in dangerous religion. A dissenting choose would have reversed the trial courtroom on the basis that the proof introduced couldn’t help a finding of bad faith. The Court reversed petitioner Smith’s conviction on grounds of a Brady violation. At Smith’s trial, a single witness, Larry Boatner, linked Smith to the crime.
Nor was a special proceeding, a civil action, or a criminal action ever initiated … Read More