Ohio

Cuyahoga County CP Considering Open Criminal Discovery Rule

By Cleveland Law Library

On the heels of a controversy that recently took place in Judge Eileen Gallagher's Courtroom (see our prior post), the Judges of the Cuyahoga County Common Pleas Court are presently considering an incredible change to local criminal discovery rules. By means of proposed Local Rule 23.1, the Court would require all prosecutors to tender defense counsel a "discovery packet" containing all police reports, all statements by defendants, co-defendants and witnesses, the names and addresses of all witnesses, all lab and hospital reports, and the criminal records of all defendants, co-defendants and witnesses. As proposed, defense counsel have to make a demand for this package, prosecutors could redact information that would put people at risk, and there are proposed restrictions on the use of police reports and witness statements that have to be properly authenticated. The proposed rule also requires defense counsel to make reciprocal disclosures and makes all discovery under the rule continuing in nature, with supplementation required. According to a news release, the Court is accepting comments on these proposed changes until October 27, 2008. Click here to read an article from the Plain Dealer online.

Full post as published by Cleveland Law Library Weblog on September 22, 2008 (boomark / email).