We review a district court's denial of a motion for new trial based on a Brady violation for an abuse of discretion. State v. Parrish, 2010 MT 212, ¶¶ 14, 16, 357 Mont. 477, 241 P.3d 1041.
Brady claims not contained within the record below are reviewed under the plain error authority of § 46-20-701(2)(b), MCA. State v. Ellison, 2012 MT 50, ¶ 12, 364 Mont. 276, 272 P.3d 646.
A motion to dismiss charges based on the State's destruction or suppression of exculpatory evidence is a question of law: whether the District court erred in denying the motion to dismiss based on the destruction of evidence in state custody. We review a district court's decision to grant or deny a motion to dismiss to determine if the court applied the law correctly. State v. Duncan, 2008 MT 148, ¶ 17, 343 Mont. 220, 183 P.3d 111.