State v. Chavis

The Supreme Court reversed the decision of the district court denying Defendant's motion to dismiss or for new trial in the alternative, holding that the district court abused its discretion when it determined that the failure to discover newly discovered evidence sooner was the result of a lack of diligence in Defendant's part.Defendant was found guilty of felony partner or family member assault. At trial, Defendant asserted a justifiable use of force defense, arguing that M.M. struck him in the face, resulting in a black eye, and that his hand hit M.M.'s face when he pushed her away. After he was convicted, Defendant became aware of photographs in the possession of the State showing Defendant with discoloration under his right eye. Post-trial, Defendant filed his motion seeking dismissal of the charge against him for the State's Brady violation or, alternatively, a new trial based on the discovery of new evidence. The trial court denied the motion, concluding that there was a reasonable probability that the evidence may have led to a different conclusion that but Defendant could have found the photographs with reasonable diligence. The Supreme Court reversed and remanded for a new trial, holding that Defendant acted with due diligence. View "State v. Chavis" on Justia Law