State v. Waldner

Docket number
30343-r-PJD
Date

Held that privacy right in the state’s victims’-rights amendment (known, along with versions in other states, as “Marsy’s Law”) is not self-executing, but a statute providing for appeal of certain orders affecting “substantial rights” may be used by crime victims to appeal denials of motions to quash discovery to enforce that privacy right. Also held that the right to privacy in the amendment is not an absolute protection from discovery requests and must be balanced against defendants’ due process rights. For a discovery request to be upheld, a defendant must establish the relevance, admissibility, and specificity of the information sought.

Opinions, Briefs and other Documents

  • Party Brief

Petitioner E.H. - Reply Brief

  • Party Brief

State of South Dakota - Brief

  • Party Brief

Waldner - Brief

  • Party Brief

Petitioner E.H. - Brief

Sole footer logo

A project of the Brennan Center for Justice at NYU Law