[AlpacaTalk] Re: discovery
--- In AlpacaTalk@yahoogro
Fritch" <aemoss17@..
>
> Hi John,,
>
>
>
> Each side in a trial has a chance for discovery to find all relevant
> material for their side of a case and also to see what the other
side has
> that it will use in court. Full disclosure is required by both
sides.
So, when a request for discovery is made, is it generally to ask for
"all material relevant to the case" or "all material your side may
use"?
I understand that both may be relevant at times, so don't get me
wrong. For instance, a review of evidence used in a felony
conviction is certainly relevant to a filing for post conviction
relief (as in the circumstances I outlined).
Hypothetically, the fact that the prosecuting attorney was married to
the third cousin of the victim of the crime would only be relevant if
the defendant was using that fact as part of the basis of their
appeal. The State would be unlikely to request or provide that
information automatically, though the defendant would be obligated to
provide it as part of discovery based on their knowledge that they
planned on using it. Correct?
How do the sides determine what is and isn't relevant during this
process? They certainly can't be expected to produce evverything,
including the kitchen sink. Are there generally accepted guidelines
in determining what might be "relevant" what is extraneous, and what
might be in the grey area? Is there even a grey area, and if so, how
many of shades of grey are there?
I see to remember that discovery played a role in the Duke lacrosse
rape case, and failure to disclose relevant evidence to the defense
resulted in the DA losing his job, his license and has led to
lawsuits against the public agencies involved.
John Merrell
Gateway Farm Alpacas
http://www.gatewaya
Alpaca, a natural elegance...
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posted by Chaddo at 2:06 PM
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