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9 Cards in this Set
- Front
- Back
Two types of discovery
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constitutionally based
rule based |
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Obligation to produce exculpatory evidence
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The government has an obligation to produce exculpatory evidence.
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Exculpatory Evidence
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Any evidence that would reduce the sentence, exculpate the D or impeach the government's witness.
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STD for reversing a conviction for failure to provide evidence
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whether there was a reasonable probability the outcome would have been different.
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Inquiry re whether evidence is material
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If specific request for evidence: then evidence is material if it might have lead to a different outcome
If no request or general request: material evidence is evidence that raises a reasonable doubt that would otherwise not have existed. |
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A state may require more generous discovery standards
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USSC simply sets the floor
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Notice of alibi
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A D may be compelled to give notice of an alibi
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Perjured Testimony
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A lawyer cannot knowingly aid in putting on perjured testimony
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Preservation of evidence
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The government does not have a consittutional obligation to preserve evidence.
But, the failure to preserve evidence cannot be in bad faith. |