State v. Scheidel

Cynthia Westcott Rice,

dissenting.

{¶ 39} While I agree with the majority’s conclusion that Deputy Lazanis’s police report should have been disclosed, I differ with its position that disclosure of Lazanis’s report would have changed the result of the trial. I believe there was no Brady violation and accordingly dissent.

{¶ 40} The report in question was taken on February 3, 2002, at 2:50 p.m. In the report, Deputy Lazanis notes that M.M. had disclosed that appellant had assaulted her twice. However, he further indicates M.M. was very quiet during the interview. Lazanis reported that M.M. was…