Discover Flashcards
Prosecutor files a motion for discovery of the names and addresses of all witnesses you intend to call at trial in Bubba’s defense. How should the Court rule on Prosecutor’s motion to discover all witnesses you intend to present at trial. Explain fully.
The Court should DENY the motion in part. The defendant need not supply the names of lay witnesses he intends to call to testify. HOWEVER, the defendant must provide Prosecutor the names of all expert witnesses he intends to call 20 days prior to trial.
Prosecutor has a report in his case file stating that Ike’s roommate, George, confessed to Detective Don that he alone stole Aaron’s big screen TV and that Ike had no knowledge of and took no part in the crime. Is Prosecutor required to disclose to you the contents of this report? Does your answer depend on whether you discovery motion requested disclosure of any reports in the Prosecutor’s possession? Explain fully.
Yes, Prosecutor is required to disclose the report. The report is exculpatory and material evidence in the state’s possession. Therefore, under the Brady doctrine, it must be turned over to defense counsel regardless of whether I specifically requested it.
How may days before the pretrial hearing must you file your motion for discovery? What consequences are there, if any, if you fail to file the discovery by that time?
I must file my motion for discovery at least 7 days prior to the date of any pretrial motion hearing if one has been set by the court. A judge has the discretion to grant a motion for discovery even if it is not timely filed.
Contained within the case file fo the prosecutor is the written statement of Joe Wilson, who is Wilma’s gardener. Mr. Wilson’s statement describes the events he observed at Wilma’s home between 9:00 a.m. and 10: a.m. on January 17, 2014, while cutting the lawn. You give a written request to Prosecutor to review Mr. Wilson’s written statement. Does the Code require Prosecutor to take any action in response to you request? Explain you answer.
Yes, if a request i timely, the Code requires Prosecutor to produce as soon as practicable any written statement of a witness that is material to any matter involved in the action provided that it is not privileged.
You learn that there was witness to the arrest of Arnie in the parking lot. For various reasons, you want to obtain the testimony of that witness prior to trial. What procedural step can you take to try and accomplish this, and what must you show?
I can file with the clerk of court an affidavit stating the facts necessary to constitute a good reason for taking the witness’s deposition and an application to take the deposition. If the court determines a good reason exists, the court shall grant the application.
