6 results for 'cat:"Criminal Procedure" AND cat:"Discovery"'.
J. Zimmerman finds the trial court improperly dismissed the state's indictment on drug trafficking charges against defendant. The discovery evidence of a tentative understanding between the state and a confidential informant did not constitute an agreement that hindered the defense or prejudiced defendant's ability to defend himself against the charges. Additionally, the discovery evidence was available to defendant at all times and so there was no attempt by the state to withhold or conceal evidence. Reversed.
Court: Ohio Court Of Appeals, Judge: Zimmerman, Filed On: May 13, 2024, Case #: 2024-Ohio-1849, Categories: criminal Procedure, Drug Offender, discovery
J. Zimmerman finds the trial court improperly dismissed the state's indictment on drug trafficking charges against defendant. The discovery evidence of a tentative understanding between the state and a confidential informant did not constitute an agreement that hindered the defense or prejudiced defendant's ability to defend himself against the charges. Additionally, the discovery evidence was available to defendant at all times and so there was no attempt by the state to withhold or conceal evidence. Reversed.
Court: Ohio Court Of Appeals, Judge: Zimmerman, Filed On: May 13, 2024, Case #: 2024-Ohio-1848, Categories: criminal Procedure, Drug Offender, discovery
J. Phillips finds that the lower court properly ordered the enforcement of a subpoena against a doctor regarding an investigation into his practice of being the "second-most prolific prescriber" of benzodiazepines in New Mexico. The feds began looking into his dealings and issued an administrative subpoena against him, which the doctor challenged on constitutional grounds. But none of his arguments, such as claiming that the Fifth Amendment’s privilege against self-incrimination would shield him from complying with the order, have merit under the law. Affirmed.
Court: 10th Circuit, Judge: Phillips, Filed On: April 15, 2024, Case #: 23-2073, Categories: criminal Procedure, Constitution, discovery
J. Samour finds Colorado's rule of criminal procedure delineating when a defendant must disclose discovery evidence related to "the nature of any defense" is not restricted to affirmative defenses and necessarily includes information related to an alternate suspect theory, although a defendant is not required to disclose all evidence of such a theory. Therefore, the trial court's overly broad order in this case for defendant to disclose all material information about an alternate suspect will be rescinded to allow for only the necessary evidence, including the suspect's name and address, if available, to be disclosed at least 35 days prior to trial to allow for the prosecution to conduct its own investigation. Reversed in part.
Court: Colorado Supreme Court, Judge: Samour, Filed On: January 16, 2024, Case #: 2024CO2, Categories: criminal Procedure, discovery
J. Halligan finds that the lower court improperly upheld defendant's conviction for harassing his mother even though not all pertinent evidence had been turned over when the prosecution filed a certificate of compliance in discovery. State-enacted reforms more closely link discovery and trial-readiness, while belated disclosure requires dismissal on speedy-trial grounds, especially that caused by the lack of due diligence. Reversed.
Court: New York Court Of Appeals, Judge: Halligan, Filed On: December 14, 2023, Case #: 92, Categories: criminal Procedure, Speedy Trial, discovery
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J. Stevens grants mandamus relief to the county district attorney seeking to have a judge rescind an order that requires the state to provide a copy of a "recorded forensic interview of an alleged child victim" to defendant, who was indicted for aggravated sexual assault of a child. The relevant discovery statutes prohibit the duplication of the interview recording at issue.
Court: Texas Courts of Appeals, Judge: Stevens, Filed On: June 20, 2023, Case #: 06-23-00003-CR, Categories: criminal Procedure, Experts, discovery