Syvertson v. State

Summary

The Supreme Court of North Dakota affirmed the denial of Charles E. Syvertson's application for post-conviction relief. The court held that Syvertson failed to establish a Brady violation because knowledge of Dr. Kottke's misconduct held by the North Dakota State Hospital could not be imputed to the prosecution. The court also concluded that the evidence was not newly discovered because information about Dr. Kottke had been publicly available before trial, and rejected Syvertson's claim of outrageous government conduct.

Holdings

1. Syvertson failed to establish the first element of a Brady violation because the knowledge of the North Dakota State Hospital could not be imputed to the Cass County State's Attorney's Office. The State therefore did not violate Brady on this record.
2. Syvertson was not entitled to post-conviction relief based on newly discovered evidence because he failed to show that his failure to learn of the evidence at trial was not the result of a lack of diligence.
3. Syvertson failed to establish that the State's conduct was sufficiently outrageous to bar the State from invoking the judicial process to obtain a conviction.

Questions Presented

1. Whether the State violated Brady v. Maryland by failing to discover and disclose information concerning Dr. Kottke's medical-license disciplinary history.
2. Whether the information concerning Dr. Kottke constituted newly discovered evidence warranting post-conviction relief or a new trial.
3. Whether the State's conduct was so outrageous under Fourteenth Amendment due process principles that the State should be barred from invoking the judicial process to obtain a conviction.

Disposition

affirmed