Home -> Law Blog Directory -> Criminal Law Blogs -> Southern California Criminal Defense Blog

Criminal Law

: Southern California Criminal Defense Blog

Defendants Have Right to Exculpatory Evidence

By Walin & Klarich

Prosecution must make favorable material evidence available to defendants. California court affirms defendants constitutional right to exculpatory evidence. In the case People v. Ubire, the prosecution failed to give the defense a video taken during the only physical medical examination of the alleged victim. 2008 DJDAR 7325. The victim alleged that the defendant, the alleged victim?s Grandfather, had raped and sexually assaulted her several times from age 5 to 11. Id. However, the alleged victim had many conflicting accusatory statements against the defendant. Id. Due to the inconsistencies, the testimony of medical experts became critical to the jurors determining the outcome of the case. Three medical experts testified at trial. The first medical expert was the woman who conducted the examination and videotaped it...continue to full post

Full post as published by Southern California Criminal Defense Blog on June 19, 2008 (boomark / email).