State v. Birdshead
| Docket Number | 27832 |
| Decision Date | 07 December 2016 |
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3 cases
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State v. Zephier
...trial turns on the materiality of the suppressed evidence—not the good faith or bad faith of the prosecutor. See State v. Birdshead , 2016 S.D. 87, ¶ 18, 888 N.W.2d 209, 215 (citation omitted) (holding Brady evidence "is material ‘if there is a reasonable probability that, had the evidence ......
- State v. Bryant
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State v. Absolu
... ... process violation that results in a new trial turns on the ... materiality of the suppressed evidence-not the good faith or ... bad faith of the prosecutor." Zephier , 2020 ... S.D. 54, ¶ 21, 949 N.W.2d at 565 (citing State v ... Birdshead , 2016 S.D. 87, ¶ 18, 888 N.W.2d 209, ... 215). [ 7 ] ... [¶39.] ... The United States Supreme Court and our own case law have ... identified three components of a Brady violation: ... "The evidence at issue must be ... favorable to the accused, either because it is ... ...
1 books & journal articles
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SOUTH DAKOTA EVIDENCE: SIGNIFICANT DEVELOPMENTS.
...of relevancy and the applicability of Rule 103(a), Rule 403, and Rule 404(b) to this case). (125.) 2015 SD 77, 871 N.W.2d 62, aff'd 2016 SD 87, 888 N.W.2d 209 (remanded for consideration of an issue under Brady v. Maryland, 373 U.S. 83 (1963)). The trial judge was directed to review certain......