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Discovery - When do I do it?

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Cygnus111

Junior Member
What is the name of your state? CT

I posted last week about being pulled over for failure to yield to an officer's overly large ego. I still have not recieved the ticket in the mail that I was promised, but assuming I do get it then when can I ask for a copy of the videotape from the officer's car? Do I do it at the trial when a date is set? Do I ask for it beforehand? And how do I go about asking for it? I also want to see the dispatch log to see exactly where that officer was going and why he pulled me over on his way to an emergency. Any help would be appreciated!
 


sukharev

Member
You should be entitled to all of the materials that can help you obtain a favorable outcome. It may depend on particular CT state rules for discovery. Look them up on the web. In general, you are entitled to ask all of those materials from prosecutor before trial. Look up Brady, etc. for details. Here is snippet from ruling in Arkansas Court of Appeals:

Raphael FARMER v. STATE of Arkansas

CA CR 95-398 ___ S.W.2d ___

Court of Appeals of Arkansas
Division I
Opinion delivered June 12, 1996

2. Criminal procedure -- discovery -- evidence favorable to
defendant must be disclosed by prosecutor -- continuing duty.
-- Rule 17.1(d) of the Arkansas Rules of Criminal Procedure
incorporates the due-process requirement that evidence
favorable to a defendant on issues of guilt or punishment be
disclosed by the prosecutor; insofar as the rule requires
pretrial disclosure, it represents an extension of the mandate
set forth in Brady v. Maryland, 373 U.S. 83 (1963); the Brady
rule has been interpreted to include impeachment, as well as
exculpatory evidence; Rule 19.2 further imposes a continuing
duty on the prosecutor to disclose this information.

3. Criminal procedure -- discovery -- State's failure to provide
information -- appellant's burden -- prejudice to appellant is
key to reversal. -- If the State fails to provide information
pursuant to pretrial discovery procedures, the burden is on
the appellant to establish that the omission was sufficient to
undermine confidence in the outcome of the trial; the key in
determining whether a reversible discovery violation exists is
whether the appellant was prejudiced by the prosecutor's
failure to disclose.
 

racer72

Senior Member
Of course all the crap from Arkansas don't mean squat in Connecticut. If it ain't relative, don't waste time posting it. As far as obtaining the video tape, forget it. The tapes from police officers can only be used in felony traffic stops or for DUI's. Even if the tape is still available, which is highly unlikely, you couldn't get a copy of it because it will not be used against you in court.
 

sukharev

Member
racer72 said:
Of course all the crap from Arkansas don't mean squat in Connecticut. If it ain't relative, don't waste time posting it. As far as obtaining the video tape, forget it. The tapes from police officers can only be used in felony traffic stops or for DUI's. Even if the tape is still available, which is highly unlikely, you couldn't get a copy of it because it will not be used against you in court.
You are plain wrong. Brady is universally recognized, and I supplied the case law example on what it is used for. Finding details specific to Connecticut does take time, and I hope the poster would be able to take it from there.

The concept of exculpatory evidence in Brady includes impeachment evidence. United States v. Bagley, 473 U.S. 667, 681-82 (1985); Giglio v. United States, 405 U.S. 150 (1972). The government must produce in discovery evidence which might impeach or cast doubt on the government's evidence. It is the prosecutor's responsibility to gather exculpatory evidence from the police. Kyles v. Whitley, 514 U.S. 419 (1995).

The tape is an evidence, and if it shows the officer is wrong, then it is material and should be produced at defendant's request. Same goes for transcripts of dispatch calls.
 

Lawproper

Junior Member
Rear End collision ; California: trial lawyer needed

REAR END COLLISION: CA
I hit a dark colored Veh from behind because it had no visible means of warning following vehicles it was stopped in the middle of a 50 mph lane of hwy traffic, in the dark at night. By time I saw it and realized it was stopped i had no choice but to hit my brakes; but by then the distance to stop was too short. There was speeding traffic to my left and a guard rail to my right.I was not speeding and only saw this parked vehicle when two cars in front of me learched into another lane so fast they did not signal to avoid having the collision i had. I had no space to follow them into another lane and was forced to hit my brakes.

I need:
1) CA vehicle codes for this instance where the vehicle was a)stopped, b) stopped with out any turn signal, emergence lights, brake lights, or any sign he was stopped on a hwy.
Also covering reckless driving, and driving as an UM motorist.

Also.. Can you please provide some case law covering liability on rear end collisions.. I am claiming I was not the cause or fault of this accident.
I was so far offered a settlement but turned it down and asked for a trial. I need a lawyer to defend me at this stage.

thx************** Lawproper
 

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