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Category - Discovery

29
Mar

San Diego Criminal Lawyer Blog: Brady Discovery Applies Prior to Prelim

In this case, the prosecutor failed to give photographs to the public defender to the preliminary examination. The public defender contended, after he found out about the withholding of evidence, that the pictures were exculpatory and that the failure to disclose them violated Brady (373 U.S. 83). The California Court of Appeal agrees that Brady …

1
Sep

DEATH PENALTY REVERSED BECAUSE OF PROSECUTORIAL MISCONDUCT-SO WHAT ELSE IS NEW

The California Supreme Court here reverses a death verdict on the basis of a Brady (373 U.S. 83) violation at the penalty phase. It seems that the defendant claimed that he killed because the Columbian Mafia had threatened to kill the defendant and his entire family if he didn’t. It turns out that the prosecution …

9
Aug

LAW OFFICES OF MARY PREVOST: GREAT TAKING ENHANCEMENT AND COMMON SCHEME OR PLAN

California Penal Code sec.12022.6 adds a year in prison if the amount stolen exceeded $50,000; this is often called the “great taking” enhancement. The defendant here was convicted of two embezzlement charges. Can the DA add up the losses to get the enhancement? Yes, but only if the losses to be aggregated were pursuant to …

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