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JUDGE GRANTS DEFENDANT NEW TRIAL WHEN PROSECUTION VIOLATES DEFENDANTS RIGHT BY FAILING TO TURN OVER DISCOVERY

By Walin & Klarich

When you are accused of a crime the prosecution must turn over discovery to your lawyer so that he can assist you to prepare your defense. In a recent federal criminal prosecution the defendants conviction was reversed when a federal judge found that the prosecution had ?persistently and recklessly violated its constitutional responsibilities to discovery and disclose crucial information? to the defense. The court was extremely upset with the prosecution for failing to turn over critical information about the paid government informant who testified as a witness against the defendant at the trial. The court stated that the constitution imposes a clear burden on the prosecution to provide vital discovery to the accused without the court having to order them to do so...continue to full post

Full post as published by Southern California Criminal Defense Blog on June 03, 2008 (boomark / email).