An appeal filed by former State Auditor Kathleen McGuiness over her misdemeanor convictions in 2022 is winding its way through Delaware Supreme Court.
In an opening brief filed in March, McGuiness asks for a new trial largely based on Brady violations she says were made by the prosecution. A Brady violation occurs when a prosecutor fails to provide a defendant or criminal defense attorneys with any evidence that is favorable or helpful to a defendant’s case.
McGuiness’ legal team argues in a brief that the prosecution failed to provide exculpatory evidence in a timely manner that would show McGuiness is not guilty of the conflict of interest and official misconduct misdemeanors of which a jury found her guilty. She was sentenced in October 2022 to one year level 5 incarceration, which was suspended for one year of probation for both convictions. She was also fined $10,000 and ordered to serve 500 hours of community service.