ONCALL
...Evidence
......Destruction/Failure to Disclose Evid.
5 Cards On This Topic:
  • No Brady error where delayed disclosure did not prevent defense counsel from effectively preparing and presenting Ds' case.
  • If prosecution notifies defendant it possesses Brady material, it may be had if defendant informs the court that he was so notified, and offers an explanation of how it might be relevant to the case.
  • Conviction reversed under Brady where prosecution failed to disclose police digital in-car video of defendant's confession; no need for defendant to first request video.
  • Law firm's involvement with DA as a cooperating witness in an embezzlement case did not support a finding that law firm's files were under DA's control for purposes of exculpatory disclosure requirements.
  • Evidence that is not produced at trial cannot be subject to an adverse inference under EC §412 where the evidence does not exist.