State v. Hampton

The State challenges the dismissal of the information against Appellee. It contends the trial court erred in finding that it had committed a discovery violation by failing to retrieve and preserve a surveillance videotape from the retail store where Appel-lee had been arrested prior to the store erasing the tape. It argues that the tape was never in the government’s possession, was not exculpatory, and there was no evidence of bad faith. We agree and reverse.

Appellee filed a “Motion for Sanctions and in the Alternative Motion to Dismiss,” alleging that the State had violated Brady v.…