State v. HirshAnnotate this Case
The Supreme Court affirmed the decision of the court of appeals affirming Defendant's two criminal threat convictions and his domestic battery conviction and reversing Defendant's aggravated assault conviction, holding that, although the Court's reasoning differed from the court of appeals on Defendant's Brady claim, the court of appeals reached the right result.
On appeal, Defendant argued that he was entitled to a new trial because the prosecutor had not timely disclosed a disciplinary report of a deputy sheriff involved in the incident. The court of appeals rejected Defendant's Brady argument in part because the prosecutor had not "suppressed" the report. The Supreme Court held (1) although the court of appeals' reasoning was infirm the court properly rejected Defendant's Brady claim because there was no reasonable probability that Defendant would not have been convicted if the report had been produced to the defense earlier; (2) there was no double jeopardy or multiplicity problem regarding Defendant's two convictions of criminal threat; (3) the prosecutor made an improper statement during closing argument, but the error did not contribute to the verdict; and (4) the district judge did not err by refusing to recall the jury or by denying Defendant's related motion for a new trial.