I served the City Attorney with a discovery request in Dec 2007.
They refused to comply with all the items including one for any materials they planned to introduce at trial. Their reason was that "trial deputy had not decided on evidence to be used." This was for a 21453A red light camera case in california. I filed a motion to compel. In their response they left out any reference to this evidence request. The motion was denied by the arraignment judge.
The evidence used in these cases always seems to be the same evidence packet.
Never a change in contents and handed to the defendant usually 5 minutes before start of trial. My trial is next week and I expect the same treatment.
I feel they witheld evidence they could have easily produced. Now I may need to ask for a continuance and lose my right to a speedy trial. I dont know how long it will take to study the contents of the packet. Do I have any recourse in this? Is this a brady violation?What is the name of your state (only U.S. law)?
They refused to comply with all the items including one for any materials they planned to introduce at trial. Their reason was that "trial deputy had not decided on evidence to be used." This was for a 21453A red light camera case in california. I filed a motion to compel. In their response they left out any reference to this evidence request. The motion was denied by the arraignment judge.
The evidence used in these cases always seems to be the same evidence packet.
Never a change in contents and handed to the defendant usually 5 minutes before start of trial. My trial is next week and I expect the same treatment.
I feel they witheld evidence they could have easily produced. Now I may need to ask for a continuance and lose my right to a speedy trial. I dont know how long it will take to study the contents of the packet. Do I have any recourse in this? Is this a brady violation?What is the name of your state (only U.S. law)?