Investigator released someone else's phone records in my Motion of Discovery???

[see2it]

What is the name of your state (only U.S. law)? NC

I received my Motion of Discovery last week. It includes someone else's sensitive information and even phone records (texts/photos/contacts/etc), who I do not know at all and should not have been included... obviously a mistake by the investigator or DA. It has nothing to do with my case.

On to the selfish, personal benefit section:
Can this benefit me at all? Is this something my attorney can use and to what extent? Basically, what, if anything, can be done with this slip-up by my inestigator to help my case?

 

[Proserpina]

What is the name of your state (only U.S. law)? NC

I received my Motion of Discovery last week. It includes someone else's sensitive information and even phone records (texts/photos/contacts/etc), who I do not know at all and should not have been included... obviously a mistake by the investigator or DA. It has nothing to do with my case.

On to the selfish, personal benefit section:
Can this benefit me at all? Is this something my attorney can use and to what extent? Basically, what, if anything, can be done with this slip-up by my inestigator to help my case?

It is completely irrelevant to your case.

Why do you think it is?

 

[see2it]

It is completely irrelevant to your case.

Why do you think it is?

Well, my investigator released someone's personal, sensitive information and records. Does he think this is related to my case or was this just a blunder... If this is a blunder would he not be reprimanded in some way... If he is reprimanded and knows I filed this information, would he focus more on my case... Would it not be a possibility that he would have a proverbial "vendetta" against the person who caused him personal issues, creating conflict? I'm more interested in the negative it could impact my case than the positive. Whether I should risk causing any angst about it or just let it go.

Thanks.

 

[Proserpina]

Well, my investigator released someone's personal, sensitive information and records. Does he think this is related to my case or was this just a blunder... If this is a blunder would he not be reprimanded in some way... If he is reprimanded and knows I filed this information, would he focus more on my case... Would it not be a possibility that he would have a proverbial "vendetta" against the person who caused him personal issues, creating conflict? I'm more interested in the negative it could impact my case than the positive. Whether I should risk causing any angst about it or just let it go.



Thanks.

What did he say when you asked him about this?

What did your attorney say?

 

[see2it]

What did he say when you asked him about this?

What did your attorney say?

I sent him the information, through his paralegal. Unfortunately, he is out of the country and I am not able to meet with him until next Saturday. I will take his advice of course, just curious in the meantime.

 

[swalsh411]

I suggest you and your attorney focus on the merits of your defense.

 

[dave33]

What is the name of your state (only U.S. law)? NC

I received my Motion of Discovery last week. It includes someone else's sensitive information and even phone records (texts/photos/contacts/etc), who I do not know at all and should not have been included... obviously a mistake by the investigator or DA. It has nothing to do with my case.

On to the selfish, personal benefit section:
Can this benefit me at all? Is this something my attorney can use and to what extent? Basically, what, if anything, can be done with this slip-up by my inestigator to help my case?

If you received these records in place of other records, than you still did not get the records requested.

Was this motion one tour lawyer submitted because you are having trouble with discovery?
Are the materials that you have gotten the 1st bit of discovery or have these materials been specifically requested?

 

[see2it]

I'm not sure honestly.

This was the initial motion of discovery for our case. Interviews, documents, etc. Most everything was included that was relevant to our case, but one folder specifically focusing on another guy's iphone records (pics, texts, contact info etc), was also attached to the CD we received.

 

[dave33]

I'm not sure honestly.

This was the initial motion of discovery for our case. Interviews, documents, etc. Most everything was included that was relevant to our case, but one folder specifically focusing on another guy's iphone records (pics, texts, contact info etc), was also attached to the CD we received.

Did he actually submit a motion? If he submitted a motion maybe he included something else that you don't know about or understand.

Whatever the case, it seems you will just have to wait and discuss the situation with your attorney. goodluck.

 

[Zigner]

I'm not sure honestly.

This was the initial motion of discovery for our case. Interviews, documents, etc. Most everything was included that was relevant to our case, but one folder specifically focusing on another guy's iphone records (pics, texts, contact info etc), was also attached to the CD we received.

So, you got everything you requested, plus a folder of records relating to someone else. An ethical attorney will ignore the extra, unrelated information except to notify the sending party.