Baker v. State
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The Supreme Court affirmed Defendant's conviction of aggravated assault and battery with a habitual criminal sentencing enhancement, holding that the district court did not abuse its discretion in admitting the State's recording of certain surveillance footage.
At issue on appeal was the district court's admission of the State's cell phone recording of a coffee shop's surveillance footage showing the altercation between Defendant and his victim and whether the government's recording was inadmissible secondary evidence because the State put forth no reasonable effort to obtain the original video before the video surveillance was erased from the system. The Supreme Court affirmed, holding that where the State offered a reasonable explanation for its inability to produce the coffee shop's original surveillance footage and the State did not destroy the original in bad faith, the district court did not abuse its discretion in admitting the State's recording of the footage.
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