Oral Argument Recap - State v. Wayerski

There were a lot of questions in oral argument on the application of Brady v. Maryland requirements when exculpatory or impeachment evidence is available on CCAP (a widely available platform which includes a variety of circuit court related information).  Among the issues discusses were the following:

• Whether the State had the burden to demonstrate exculpatory or impeachment evidence was on CCAP (and thus not in its exclusive possession)?
• Whether evidence is in  the exclusive possession of the State if the defense would discover the evidence through reasonable diligence?
• Does a lack of detail on CCAP impact the exclusive control analysis?  

It is always difficult to read tea leaves from oral argument, but there did not appear to be much interest in discussing the ineffective assistance of counsel issues.  Chief Justice Roggensack pointed out that the overwhelming amount of evidence makes it difficult to demonstrate prejudice.  

Based on oral argument, I expect the decision in this case will likely seek to clarify the State's obligation under Brady when the exculpatory or impeachment evidence is available on CCAP or other widely available online platforms.