Wow, I_Got_Banned, thanks for the huge effort at shedding light on this.
Not a problem... And I appreciate you open mindedness and your ability to carry on a discussion as opposed to an argument. In fact, here's a lot more... (Slow night... LOL).
I think it is a worthwhile topic because, I have seen lots of folks struggle with it, and it actually is covered in some amount of depth in David Wayne Brown's book, which I relied on almost solely, being the neophyte I am.
Do you mean “The Da Vinci Code”? Oh wait... That is Dan brown.... At any rate, and while I do agree that DWB did an amazing job in his book... After reading through it and using it myself, and in hindsight, I can tell you that his book is lacking in some areas... “discovery” being one of them.
I actually tried serving the DA in Sacramento with my request for discovery, but, since they don't really mess with infractions, they have an already prepared form that says, hey, take this to the local law enforcement agency and make informal request to them. My server got them to sign and date that attempting serving was conducted, and that referral to LEA (Law enforcement agency) was made. So, actually, I served both, as recommended in DWB's book.
Again, the Penal code does not shift the responsibility to the LEA. I specifically states that the DA is obligated to provide discovery if it is in his possession or if he is aware of it being in the possession of the LEA. But therein lies the problem... You've got a DA that misinterprets that into a “its not my responsibility” , a LEA that says “we're not the DA” (although some LEAs do in fact cooperate), and a court that says “what do you want? Here is some or all of it, let's proceed”.
As I understood it, the judge could have possibly issued an order to compel discovery, as a sanction to the LEA. Anyway, you say 'worthless'.
Well, you did not file a “motion to compel”, you filed a “motion to exclude”, right? So the judge took it upon himself to make a decision that in his opinion will serve to remedy the situation... Provide you with what you've requested via your IDR. Realistically speaking and while I do not fully agree with the judge's decision, I don't think I can say that I disagree.
See above, I think I complied, the DA having given their duty/responsibility over to the LEA. 1054.3, I think was me being reciprocal with discovery, which I was.
Reciprocal? So you want bonus points for providing that DA with... uhm, nothing that they asked for? You did not send them anything.... Am I right?
To consider "immediate disclosure" as a remedy, that violates 1054.7 which says immediate/schmediate, has to be 30 days before trial, otherwise there's not enough time. (There we go with things easy to understand and easy to argue, the 30 day time frame).
You say it violates 1054.7, I say it doesn't and here's why... Can you in any way, shape or form, articulate that you're only having 1 day to review the officer's notes did in fact prevent you from being able to present a defense? Did the officer's notes lead you in a direction, or suggest additional evidence that existed that you were unable to obtain due to lack of time between the disclosure and the trial? I don't know... I still have no clue what you were cited for or even what the officer's notes say.
How much time do you think you need to read a few words from the back of the citation?
And even then, if you disagree with anything that the officer wrote in his notes, you'll get your chance to either question him in an effort to cast some doubt, or otherwise testify on your own behalf. Although I'd stay away from the latter.
So as far as this point is concerned, I am leaning towards agreeing with the judge that you have not shown (nor can you show) that you were prejudiced in any way.
What else did I request in my IDR. Nothin'. I just said send me all the stuff listed in 1054.1.
You know who the witness(es) are, you have a copy of the officer's notes (and without knowing what you were cited for, I have no idea what else you could have requested or what else you should have received).
That, then, might suggest that you received everything you asked for.
AS for this coming just 2 days before the officer's vacation, my guess is that the judge could not schedule the case for a date after the officer's vacation due to the “speedy trial” statutory requirement (just a guess). So for him to simply dismiss the case, would be highly prejudicial to the other party in this case, i.e., the “People of the State of California”.
Somehow here, I feel it is not wrong to keep talking about the LEA and leave the DA out of it. At least that is what DWB's book convinced me of.
And that is exactly why I think that the chapter on discovery (in DWB's book), is quite a bit lacking, maybe even misleading.
Once again, don't think this does not apply to LEA.
Well, show me the statute that says the LEA is obligated to provide you with discovery 30 or more days prior to your trial date. Better yet, keep me out of the loop. Print that statute and take it to court with you tomorrow and hand it to the bailiff to hand to the judge.
That's maybe cuz this is an infraction and the DA is too important/busy/etc. to do it all/any. I mean, at trial, the DA is not there, only the officer.
Think about it this way... The officer is merely a witness, he is not a “prosecutor”. So can you really deem him at fault for not performing a duty which is strictly that of the prosecutor? I don't think so.
Just because it's an option, doesn't mean it "holds water".
The point I was making is that you may have committed a procedural error by waiting until the day of your trial to argue “I never received discovery so I move for a dismissal”... Not only did you skip a few of the remedies offered by PC1054.5, but you could have also served your discovery request immediately after you received the citation and that would have given you time to argue a motion to compel at your arraignment instead of at your trial. Instead, you waited until the proverbial 11th hours to request 'sanctions” in an effort to
squeeze a dismissal out of the judge. And my guess is that judges do not appreciate having a defendant force them back in to a corner.
Furthermore, let us assume that you did receive each and every item under the sun in response to your discovery request... Where would you be now? What would you argue? How would you defend yourself?
So see, you were not prejudiced in any way...
In this case I reaffirm my belief in a 'contradictory' provision requiring 30 days.
And I will reiterate that the fact that the DA is not even aware of the existence of your case. Also, the statute does allow for less than 30 day to provide such information. Therefore, there is not “contradiction”.
But the LEA "WAS" in possession.
And yet, the DA had no clue what the LEA has. If some LEAs do comply, they are doing so out of courtesy and not because they are obligated to.
In fact, in his "immediate disclosure" remedy, possessed documents were handed over to me.
Handed to you by the court... Not by the LEA and certainly not by the prosecutor.
I filed the motion after 20 days had lapsed without hearing from the LEA. They had already gone beyond the 15 days allowed by law to disclose. Then they never let you schedule your motion in advance of trial, cuz they think infractions are not worth it. Which is why 1054 via Prop 115 was set up. To make it really easy, really cheap, and really simple to get things done. We don't want anybody, judges, cops, citizens spending any more time and effort than they have to. Everybody should be paying more attention to serious matters.
Again, I am not preview to the timeline in your case. I don't know when you served your IDR... for all I know, maybe you waited until 21 days before your trial to serve it in hopes that you can squeeze them back into a corner, but by doing so, you left the judge no other option but to order you to proceed the next day.
Without discovery, how was I supposed to prepare my defense? I spent my effort trying the informal discovery request route.
Well, again, go to court tomorrow and file a motion to dismiss on the grounds that your case was prejudiced by you not having enough time to read the officer's notes and prepare a defense accordingly. I'm not psychic but I can tell you what the judge will say....
Thanks for asking. I got no defense.
Post the details... You maybe surprised!
Well, it was you who was cited... You mean you have no ideas whatsoever? Not even a few questions for the officer to try a raise doubt? Come on... Was it that blatant of a violation?
I'm in court tomorrow. Actually in a coupla days.
Well, see? You actually had more time that you originally stated... So your claim about a lack of time just diminished a little bit more...
Silly as it may sound, I was kinda leaning toward mens rea, but I'm hearing that doesn't fly with infractions.
You're right... It won't fly.