State v. Pope
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The Supreme Court affirmed the order of the district court on remand issuing financial sanctions against the State for discovery abuse and denying Appellant's request for a new trial, holding that the district court did not abuse its discretion with its chosen sanction for the State's discovery abuse.
During his criminal trial, Defendant moved for a mistrial as a sanction for the State's failure to provide a certain video. The district court denied the motion, ruling that the State did not have to produce the video. The jury found Defendant guilty of assault with a weapon and driving while license suspended or revoked. On appeal, the State conceded that it wrongfully withheld the video from Defendant. The Supreme Court remanded to the district court to determine the appropriate sanction. On remand, the district court found that Defendant was not prejudiced by the State's discovery abuse and that no new trial was warranted. The court then issued a financial sanction against the State. The Supreme Court affirmed, holding that the district court did not abuse its discretion by denying a new trial due to a lack of prejudice and issue financial sanctions against the State.
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