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What if the ADA never shared the final autopsy results with the defense?

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needtoknow28

Junior Member
What is the name of your state (only U.S. law)? WI

I know of an ADA who withheld the final autopsy results from the public defender in a case. They never received a copy even though one of his public defenders sent a request I believe in verbally and in writing to the ADA. They were going to court so one of the public defenders filed a motion I'm not sure all the correct wording but at that date the ADA offered them a deal. I guess not knowing what was on the final autopsy results made the defense think they had no other choice then to take the do deal. However, I also know the defense had a corner who was going to testify and basically contradict what the prosecution's doctor stated when she testified. I would like to know if the ADA never gave those final autopsy results to the defense, was the defendants rights violated in anyway? Or is there anything that can be done in this situation? Thank you.
 


tranquility

Senior Member
Prosecutorial error has repeatedly been decided by the courts to not be that big of an error. The elements that require some sanction are very difficult to allege, let alone prove. Is it right? No. Is it legal? Um...no..probably, um, no. At some point it all depend on what the meaning of "is" is. If there is a problem, bring it up to your attorney. They might not even claim a problem for many reasons. Some have to do with the legal elements. Others have to do with proof.

Few cases are overturned or suspects offered a new trial because of purported prosecutorial misconduct. Very, very few.
 

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