State v. Leisinger

Summary

The Supreme Court of South Dakota affirmed the denial of Kevin Leisinger's motion for a new trial following his conviction for violating a protection order. The court held that a newly discovered fax log was neither favorable nor material under Brady v. Maryland and did not establish prejudice or the knowing presentation of perjured testimony. The court concluded that the trial court did not abuse its discretion.

Holdings

1. The trial court did not abuse its discretion in denying the motion for a new trial because the newly discovered log was neither favorable to Leisinger nor material, and there was no reasonable probability that disclosure would have changed the verdict.
2. The newly discovered log did not establish that any trial witness committed perjury or that the State knowingly presented perjured testimony.

Questions Presented

1. Whether the trial court abused its discretion in denying Leisinger's motion for a new trial based on allegedly suppressed evidence under Brady v. Maryland.
2. Whether the newly discovered faxed log demonstrated that the State knowingly presented perjured testimony or otherwise established a Brady violation.

Disposition

affirmed