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Evidence excluded because it was illegally acquired.


In determining whether the prosecution's suppression of evidence violates due process, the focus should be on the influence nondisclosure had on the outcome of the trial. United States v. Bagley, 473 U.S. 667, 105 S. Ct. 3375, 87 L. Ed. 2d 481 (1985); State v. Clabaugh, 346 N.W.2d 448 (S.D. 1984); State v. Cody, 323 N.W.2d 863 (S.D. 1982). A new trial is the usual remedy for prosecutorial nondisclosure of exculpatory evidence. Annotation, Withholding or Suppression of Evidence by Prosecution in Criminal Convictions as Vitiating Conviction, 34 ALR3d 16 (1970).


For inadvertently destroyed evidence, on the other hand, the United States Supreme Court observed in California v. Trombetta, 467 U.S. 479, 486, 104 S. Ct. 2528, 2533, 81 L. Ed. 2d 413, 420-421 (1984): The absence of doctrinal development in this area reflects, in part, the difficulty of developing rules to deal with evidence destroyed through prosecutorial neglect or oversight. Whenever potentially exculpatory evidence is permanently lost, the courts face the treacherous task of divining the import of materials whose contents are unknown and, very often, disputed. (Citations omitted.) Moreover, fashioning remedies for the illegal destruction of evidence ...

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