ONCALL
...Evidence
......Destruction/Failure to Disclose Evid.
7 Cards On This Topic:

Petitioner may obtain disclosure of peace officer personnel information under Brady principles through Pitchess procedures in advance of a PC §1172.6 evidentiary hearing.

District court improperly imposed severe evidentiary sanctions against Ds who had not displayed the requisite intent to destroy surveillance footage.

DA's failure to disclose that drug dealer who incriminated D in murders was promised no prosecution for his actions discussed in his statements, admitted as against penal interest, constituted Napue and Brady violations.

Defendant's murder conviction reversed where prosecution did not disclose substance of its expert's testimony prior to testifying.

UHSD had a duty to preserve video re school sex assault because litigation was reasonably foreseeable when video was erased, and UHSD not shielded by safe-harbor provision of CCP §2023.030(f).

Defendant did not establish a Brady violation where he did not show that an undisclosed police report was favorable or material to his case.

No Brady error where delayed disclosure did not prevent defense counsel from effectively preparing and presenting Ds' case.