Curby v. State, 428 P.3d 444

Defendant Buddy Edward Curby was charged with strangulation of a household member; jury trial set and discovery deadline fixed by the district court.
Curby requested disclosure of statements and exculpatory evidence; the State produced over 1,500 recorded jail telephone calls with Serena Jacobson on the discovery cutoff (20 days before trial).
Curby moved to preclude use of the calls as untimely and argued a Brady violation; the district court denied relief.
During trial the State inadvertently included a four‑page sexual assault nurse examiner report in an exhibit; defense alerted the court, the State conceded the error, the court struck the pages and instructed the jury to disregard them.
Jury convicted Curby; he appealed alleging Brady violations based on the timing of the recordings’ disclosure and the inadvertent exhibit inclusion.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the State violated Curby’s due process rights under Brady by disclosing recorded jail phone calls only 20 days before trial	Curby: timing rendered the recordings effectively suppressed and impaired his ability to use them (labor‑intensive to review)	State: recordings were disclosed before trial within the court‑ordered deadline and were available for use at trial	No Brady violation; disclosure complied with deadline and availability during trial defeats Brady claim
Whether admission (and later striking) of an undisclosed four‑page nurse examiner report violated Brady	Curby: inadvertent inclusion violated Brady because the report was not previously disclosed	State: report was admitted in error, immediately conceded, and struck; it was cumulative and not favorable to Curby	No Brady violation; report was not favorable, was stricken, and jury was instructed to disregard it

Brady v. Maryland, 373 U.S. 83 (1963) (prosecutor must disclose evidence favorable to the accused that is material to guilt or punishment)
United States v. Bagley, 473 U.S. 667 (1985) (Brady requires disclosure only of evidence both favorable and material)
United States v. Agurs, 427 U.S. 97 (1976) (clarifies Brady focus on evidence unknown to defense during trial)
Weatherford v. Bursey, 429 U.S. 545 (1977) (no constitutional right to broader discovery beyond Brady)