Missoulian: Montana
Supreme Court overturns Great Falls incest conviction, orders new trial
State v. Weisbarth
“David Weisbarth appeals his conviction from the Eighth Judicial District Court, Cascade County, for incest against his minor child, T.W. Weisbarth argues that he is entitled to a new trial based on the State’s failure to disclose T.W.’s medical records. We agree. The State obtained T.W.’s medical records and then failed to disclose those records to the defense. The medical records contained evidence that was clearly favorable to the defense, and the withheld evidence places the trial in such a different light that it undermines our confidence in the jury’s verdict.1 We reverse and remand for a new trial.”
State v. Weisbarth
“David Weisbarth appeals his conviction from the Eighth Judicial District Court, Cascade County, for incest against his minor child, T.W. Weisbarth argues that he is entitled to a new trial based on the State’s failure to disclose T.W.’s medical records. We agree. The State obtained T.W.’s medical records and then failed to disclose those records to the defense. The medical records contained evidence that was clearly favorable to the defense, and the withheld evidence places the trial in such a different light that it undermines our confidence in the jury’s verdict.1 We reverse and remand for a new trial.”
