State v. Stuck

SABERS, Justice

(concurring in result).

I concur except on Issue X, where I concur in result only. The trial court improperly denied Stuck’s request for discovery of White’s medical records as they related to White’s knife wounds. The angle, width, and depth were material to Stuck’s defense that Anderson, not Stuck, stabbed White straight away in the throat. However, in view of all the evidence to the contrary, I would hold the error to be harmless. SDCL 23A-44-14; State v. Michalek, 407 N.W.2d 815 (S.D.1987); State v. Waller, 338 N.W.2d 288 (S.D.1983).