State v. Luncsford

SACKETT, Judge.

The sole issue is whether the trial court abused its discretion in granting a new trial. The State inadvertently failed to deliver to defendant a police report containing prior inconsistent statements made by the victim in a sex abuse case. The State had agreed to deliver all material and it was admitted the police report had not been given to defendant.

The victim contended she was sexually abused by defendant and another man after she accepted a ride home with them after they picked her up at Tenth and Grand in Des Moines. The victim testified in pretrial deposition she did…