CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Destruction/Failure to Disclose Evid.
......By Prosecution
.........Failure to Gather
 8 Cards On This Topic:
  • While prosecution must disclose Brady information it has within its possession, it has no duty to seek out or volunteer information it does not have; Brady obligation extends to impeachment evidence.
  • No discovery violation in DA's failure to provide D with a copy of Jack in the Box videotape as tape not compatible with VHS and DA informed defense it could view the tape at Jack in the Box.
  • No error in denying D's Trombetta motion to dismiss for police not having taken blood sample on his arrest to show high meth levels where exculpatory value not established and D could not show bad faith.
  • Failure to tape record portion of crucial witness's testimony held not a deprivation of material evidence.
  • Cal. court affirms Trombetta and Youngblood standards.
  • Absent showing of apparent exculpatory value, failure to conduct test not prejudicial.
  • Duty to obtain exculpatory evidence not as great as duty to preserve evidence already obtained.
  • Deliberate failure to record statements of minor V to prevent defense from exploiting inconsistencies not grounds to strike testimony.


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