State v. Brawner

Mikell, Judge.

In this appeal, the state challenges the trial court’s grant of Dwight Brawner’s motion to dismiss an indictment, which alleged that Brawner committed the offenses of armed robbery, kidnapping, and hijacking a motor vehicle against victim Kelly Thompson on November 7, 2006. In his motion to dismiss, Brawner argued that his due process rights were violated because the state failed to preserve a surveillance videotape of the alleged incident and/or scene, which would have established that Brawner was not the perpetrator in the case. The state argues that the videotape was not…