State v. Silva
2012 ME 120
| Me. | 2012Background
- Silva was convicted of gross sexual assault and two aggravated assaults after a jury trial.
- The victim reported the assault two days after it occurred in 2009; charges were filed in 2010.
- Discovery included an emergency room nurse’s report referencing underpants the victim wore, which had not been collected or analyzed.
- The underpants item was in the victim’s possession and later washed; its custody and state were unclear until August 2011.
- Silva moved for sanctions on the morning of trial for the discovery issue; the court denied the motion.
- Prior to trial, Silva’s computer expert was limited by the court due to late disclosure; Silva’s expert later testified after the State’s expert.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the State’s discovery violation warranted sanctions | Silva | Silva | No sanctions required; no due process violation |
| Whether exclusion of Silva's computer expert was proper under Rule 16A | Silva | State | Exclusion affirmed; timing inadequate |
Key Cases Cited
- Brady v. Maryland, 373 U.S. 83 (U.S. 1963) (due process and material suppression of exculpatory evidence)
- Gould, 43 A.3d 952 (Me. 2012) (materiality and prejudice standard for discovery violations)
- Graham, 2010 ME 60 (Me. 2010) (deference to trial court on discovery sanctions; abuse of discretion review)
- Kelly, 752 A.2d 188 (Me. 2000) (exclusion of late-disclosed expert due to insufficient prep time)
- Allen, 892 A.2d 447 (Me. 2006) (timing of disclosure affecting cross-examination and rebuttal)