Search results
Results from the WOW.Com Content Network
In California, there is a carefully prescribed procedure governing such request, and making disclosure without an order is a crime. The statutory scheme was developed, in part, because law enforcement departments had developed a practice of purging their files concerning misconduct claims made against their officers.
A Pitchess motion is a request made by the defense in a California criminal case, such as a DUI case or a resisting arrest case, to access a law enforcement officer's personnel information when the defendant alleges in an affidavit that the officer used excessive force or lied about the events surrounding the defendant's arrest. The information ...
In California, the district attorney is required to turn over everything they plan to present at trial at least 30 days ahead of time, [23] as well as any evidence that might help the defendant show that they are innocent (see Brady disclosure). [24]
Judge Marlowe Sommer granted the motion to dismiss, as the Brady disclosure mandates that the prosecution provide all relevant evidence to the defense, thus ending the case without a verdict.
Per the Brady v. Maryland decision, prosecutors in the United States have a duty to disclose exculpatory evidence even if not requested to do so. While the prosecution is not required to search for exculpatory evidence and must disclose only the evidence in its possession, custody, or control, the prosecution's duty is to disclose all ...
Brady is a holistic, rather than piece-by-piece, inquiry. [152] Whether the government acted in "good faith" or "bad faith" is irrelevant to Brady. But, if the defendant cannot prove that withheld evidence would have been exculpatory, because its import is unknown, to obtain relief, the defendant must instead show that the government acted in ...
California requires all charities that collect money from state residents to give the state an Internal Revenue Service form identifying their largest contributors. Justices question California ...
[21] [22] [23] The Brady rule may require the prosecutor to disclose grand jury testimony prior to trial, if the information is exculpatory, as well as other Brady material. [24] In United States v. Anderson, [25] when Brady material is contained within Jencks Act material disclosure is generally timely if the government complies with the ...