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Reply #12: I understand that this has be turned over upon motion of the defendant [View All]

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Lex Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-09-06 01:35 PM
Response to Reply #11
12. I understand that this has be turned over upon motion of the defendant
Edited on Mon Oct-09-06 01:38 PM by Lex
but here is the rule about a DA having to spontaneously disclose evidence to the defense, in 3.8 (d):

Rule 3.8 Special Responsibilities of a Prosecutor

The prosecutor in a criminal case shall:

(a) refrain from prosecuting a charge that the prosecutor knows is not supported by probable cause;

(b) make reasonable efforts to assure that the accused has been advised of the right to, and the procedure for obtaining, counsel and has been given reasonable opportunity to obtain counsel;

(c) not seek to obtain from an unrepresented accused a waiver of important pretrial rights, such as the right to a preliminary hearing;

(d) make timely disclosure to the defense of all evidence or information known to the prosecutor that tends to negate the guilt of the accused or mitigates the offense


http://www.ncbar.com/rules/rules.asp

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