State v. Thorson

Summary

The Supreme Court of North Dakota affirmed David L. Thorson's convictions for two counts of gross sexual imposition. The court held that the State's failure to disclose a form 960 suspected-child-abuse report did not constitute reversible obvious error or a Brady violation because Thorson failed to show prejudice, and he could have obtained the report with reasonable diligence.

Holdings

1. Assuming the form 960 report was discoverable under N.D.R.Crim.P. 16, Thorson was not entitled to relief because he failed to show that nondisclosure prejudiced his defense.
2. Thorson failed to establish a Brady violation because he did not show that disclosure of the report would probably have changed the outcome and did not act with reasonable diligence to obtain the report.
3. The State's failure to provide the form 960 report did not constitute reversible obvious error, and Thorson was not entitled to reversal or a new trial.

Questions Presented

1. Whether the State violated N.D.R.Crim.P. 16 by failing to provide Thorson with a copy of the form 960 report.
2. Whether the State violated Brady v. Maryland and due process by suppressing the form 960 report.
3. Whether the nondisclosure constituted reversible obvious error warranting reversal of the convictions and a new trial.

Disposition

affirmed