Prosecutorial Misconduct – Discovery Violations

cassiejohnson//August 28, 2015//

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Appellant challenged his convictions of two counts of third-degree controlled-substance crime, arguing that he was denied his right to a fair trial because of prosecutorial misconduct. Appellant argued that the prosecutor’s deliberate decision not to produce discoverable material deprived him of his fair trial rights. The state argued that the letters at issue were rebuttal evidence that it was not obligated to disclose. The Court of Appeals noted that the prosecutor did not rebut a witness’s testimony; she impeached the witness’s credibility with the letters. The Court noted that this was a deliberate and inexcusable violation of a prosecutor’s clear duty to disclose all matters within the prosecutor’s possession or control that relate to a case. It held that it could not ignore such a blatant violation and reversed appellant’s conviction and remanded for a new trial. Reversed and remanded.