Victory Without Success

The opinion in Tanner is a good example of how winning the argument is not enough.  As too often, it is a criminal case.  The basic story is that defendant moves to compel discovery of the return of the search warrant, the probable cause affidavits, and some manuals related to the investigation against him.  The trial court denied the motions to compel on the grounds that none of the information was relevant, and even if it was relevant the prosecutor said he could not find it.  The Supreme Court says that the trial court got every part of the ruling wrong.  The defendant has good cause to seek the return of the search warrants and the probable cause affidavits, as the requested materials would be relevant to cross-examination.  Defense wins, and so muted cheering on that side.  Muted because, although the Court of Appeals found that the trial court has erred, the defendant was no better off.  The informant had been searched before he visited the defendant and delivered drugs to his officers shortly after the visit, and so there was "overwhelming evidence" of guilt.  As the errors were therefore harmless.