State v. Weisbarth
Annotate this CaseDefendant was convicted of felony incest against his minor child, T.W. Prior to trial, the State obtained T.W.’s medical records but failed to disclose the medical records to the defense. After the trial, Defendant gained access to the medical records. The records provided evidence that T.W. suffered from psychosis and that T.W. may have previously made and then recanted an allegation of sexual abuse against her mother. Defendant appealed his conviction, arguing that he was entitled to a new trial based on the State’s failure to disclose T.W.’s medical records. The Supreme Court reversed, holding (1) the medical records contained favorable evidence to Defendant’s defense; and (2) the State’s failure to alert Defendant of the substance of the records caused Defendant prejudice. Remanded for a new trial.
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