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