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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 ...
[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 ...
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 ...
See Brady v Maryland. In the 1995 murder trial of O. J. Simpson, the defense argued that Los Angeles Police Department detective Mark Fuhrman had planted evidence at the crime scene. Although Fuhrman denied the allegations, Simpson was found not guilty, although he was later held liable for the deaths in a civil suit filed by the families of ...
Giglio v. United States, 405 U.S. 150 (1972), is a United States Supreme Court case in which the Court held that the prosecution's failure to inform the jury that a witness had been promised not to be prosecuted in exchange for his testimony was a failure to fulfill the duty to present all material evidence to the jury, and constituted a violation of due process, requiring a new trial. [1]
By Clark Mindock (Reuters) -Major U.S. business groups sued California on Tuesday seeking to overturn the state's new sweeping climate disclosure laws that require companies to publicly report ...
[[Category:California law citation templates]] to the <includeonly> section at the bottom of that page. Otherwise, add <noinclude>[[Category:California law citation templates]]</noinclude> to the end of the template code, making sure it starts on the same line as the code's last character.
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