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State v. Newton, 2020 UT 24 (May 14, 2020)

May 14, 2020

In this appeal of a conviction for aggravated sexual assault and aggravated assault, the defendant argued that the State violated his constitutional rights under Brady v. Maryland, 373 U.S. 83 (1963) by failing to conduct a forensic evaluation of the victim’s cell phone.  Affirming, the supreme court held the defendant’s Brady claim failed, because (a) the State did not have a duty to conduct a forensic evaluation of the victim’s cell phone in the absence of indicia that the prosecutor knew that favorable, material evidence would be found through a forensic review, and (b) the defendant failed to show that the examination of the victim’s cell phone would contain material evidence.