CASE LAW UPDATE:  Whether 2nd degree assault with a dangerous weapon conviction will be affirmed because the non-disclosure of exculpatory evidence was harmless?

Defendant was convicted of second degree assault with a dangerous weapon.  The conviction was based upon video evidence that defendant used his motor vehicle to chase a man across a grassy area of a city park and either hit the man with the vehicle, attempt to do so, or cause the man to fear that he would be hit.  Defendant argued that the trial court erred by denying his motion for a new trial on the grounds that the State’s failure to disclose evidence that would have impeached the two officer witnesses with evidence of misconduct in a different case.  The Minnesota Court of Appeals held that because the video showed defendant’s assault, he failed to establish the third requirement of the Brady test, prejudice cause by the non-disclosure.  Affirmed.

State v. Peguse, A19-2026, Ramsey County.

Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.

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