BlackPeaceStone
Member
What is the name of your state? IL
Illinois Supreme Court Rule 412 states:
Rule 412. Disclosure to Accused
(a) Except as is otherwise provided in these rules as to matters not subject to disclosure and protective orders, the State shall, upon written motion of defense counsel, disclose to defense counsel the following material and information within its possession or control:
(i) the names and last known addresses of persons whom the State intends to call as witnesses, together with their relevant written or recorded statements, memoranda containing substantially verbatim reports of their oral statements, and a list of memoranda reporting or summarizing their oral statements. Upon written motion of defense counsel memoranda reporting or summarizing oral statements shall be examined by the court in camera and if found to be substantially verbatim reports of oral statements shall be disclosed to defense counsel;
In the States Answer to Discovery they mention.
2.(a) The people may or may not call the following persons as wintesses to the trial of this cause:
Doe City Police Dept.
Officer A #33
Officer B #44
Sgt. Z #55
Det. Lt. T #22
Officer R #11
John Doe
John Smith
**************....
Personnel from Crime Lab, any person named in police reports, arrest reports, inventory sheets, medical reports, laboratory reports, Preliminary Hearing or Grand Jury transcripts, evidence reports, or any other document tendered to or available to the defense.
Any witness needed to establish the chain of custody for physical evidence sought to be introduced at trial.
A police officer from Doe City Police Dept whos name was not particularly mentioned above testified at trial. Although his name was mentioned in a police report isn't this a vague description that can allow anyone to testify at trial.
My question is since this police officer was not mentioned by name, as all other policer officers who could have been used as witnesses were, does this suffice that the State fail to comply with Illinois Supreme Court rule 412?
Since this officers was name was not included in the discovery this did not give the defense proper time to prepare adequate questioning for this witness.
A conviction was made in this case. Is this grounds for appeal ?
Illinois Supreme Court Rule 412 states:
Rule 412. Disclosure to Accused
(a) Except as is otherwise provided in these rules as to matters not subject to disclosure and protective orders, the State shall, upon written motion of defense counsel, disclose to defense counsel the following material and information within its possession or control:
(i) the names and last known addresses of persons whom the State intends to call as witnesses, together with their relevant written or recorded statements, memoranda containing substantially verbatim reports of their oral statements, and a list of memoranda reporting or summarizing their oral statements. Upon written motion of defense counsel memoranda reporting or summarizing oral statements shall be examined by the court in camera and if found to be substantially verbatim reports of oral statements shall be disclosed to defense counsel;
In the States Answer to Discovery they mention.
2.(a) The people may or may not call the following persons as wintesses to the trial of this cause:
Doe City Police Dept.
Officer A #33
Officer B #44
Sgt. Z #55
Det. Lt. T #22
Officer R #11
John Doe
John Smith
**************....
Personnel from Crime Lab, any person named in police reports, arrest reports, inventory sheets, medical reports, laboratory reports, Preliminary Hearing or Grand Jury transcripts, evidence reports, or any other document tendered to or available to the defense.
Any witness needed to establish the chain of custody for physical evidence sought to be introduced at trial.
A police officer from Doe City Police Dept whos name was not particularly mentioned above testified at trial. Although his name was mentioned in a police report isn't this a vague description that can allow anyone to testify at trial.
My question is since this police officer was not mentioned by name, as all other policer officers who could have been used as witnesses were, does this suffice that the State fail to comply with Illinois Supreme Court rule 412?
Since this officers was name was not included in the discovery this did not give the defense proper time to prepare adequate questioning for this witness.
A conviction was made in this case. Is this grounds for appeal ?