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  1. #1
    Join Date
    Apr 2010
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    238

    Default Showing of Prejudice and Suppressing Evidence

    My question involves traffic court in the State of: WA

    Excerpt from IRLJ 3.1b

    "If the prosecuting authority provides any portion of the discovery less than 7
    days before the hearing, such untimely discovery shall be suppressed only upon
    a showing of prejudice in the presentation of the defendant's case. If the
    prosecuting authority, without reasonable excuse or justification, fails to
    provide any portion of the discovery prior to the day of the hearing, the
    portion of discovery not provided shall be suppressed."

    How would one go about showing prejudice in case the officer's sworn statement does not arrive within the 7 days or not at all? Make a motion for suppression?

    I have a court date on Feb 7 for a speeding ticket. I've requested discovery and have only gotten an offer from the PA in return - no discovery materials as yet. I think they are "due" to me by Jan 26.

  2. #2
    Join Date
    Mar 2010
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    Snohomish, WA
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    1,588

    Default Re: Showing of Prejudice and Suppressing

    Quote Quoting lurkertom
    View Post
    My question involves traffic court in the State of: WA

    Excerpt from IRLJ 3.1b

    "If the prosecuting authority provides any portion of the discovery less than 7
    days before the hearing, such untimely discovery shall be suppressed only upon
    a showing of prejudice in the presentation of the defendant's case. If the
    prosecuting authority, without reasonable excuse or justification, fails to
    provide any portion of the discovery prior to the day of the hearing, the
    portion of discovery not provided shall be suppressed."

    How would one go about showing prejudice in case the officer's sworn statement does not arrive within the 7 days or not at all? Make a motion for suppression?

    I have a court date on Feb 7 for a speeding ticket. I've requested discovery and have only gotten an offer from the PA in return - no discovery materials as yet. I think they are "due" to me by Jan 26.
    They have until January 31st. That is 7 days before your hearing. In this case "days" is calendar days, not business days. Also, they have until 1 day before the hearing to supply you with the officer's sworn statement.

    Now, all that said, did you follow the discovery rules? Filed at least 14 days prior (yes), with the prosecutor's office and the court? Did you make two copies of the request, walk all three to the prosecutor's office, have them stamp all three and keep a copy, walk the other two to the court, and have them stamp both, and leave one with the court to file, keeping the third for your proof of service? If so, just sit back and wait.

    If you followed the rules, and they do not respond to your request at all, then you simply make one motion.

    "Your honor, I move to suppress the officer's sworn statement and move for dismissal for a violation of IRLJ 3.1(b). The prosecutor's office failed to comply with my discovery request that I filed on January xx. As of last night's mail, I received no response. I have a copy of my proof of service."

  3. #3
    Join Date
    Apr 2010
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    238

    Default Re: Showing of Prejudice and Suppressing

    I sent the discovery request via certified mail return receipt requested - one to the court in Long Beach for filing and one to the PA in South Bend. They have been recieved and the receipts returned so that is my proof of service. I found the radar documents on line. I am waiting for the sworn statement of the officer to appear in my mail. I did get an offer from the PA for "diversion" almost immediately after they got my discovery request - they'd allow me to sign a confession, no more misbehaving for 3 months, and pay $250.00 in order to avoid having to appear in court. The actual fine is $113. How does one "show prejudice" as Barry alludes to in his sticky? I am curious.




  4. #4
    Join Date
    Dec 2004
    Location
    Seattle
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    3,577

    Default Re: Showing of Prejudice and Suppressing

    First of all, why are you posting this stuff in multiple threads? I would have thought that you've been around long enough to know that you should keep it in ONE thread. In fact, this is the THIRD thread you've started about the same infraction.

    And I don't "allude" to showing prejudice -- it's in the Court Rule. How do you show prejudice? Simple -- just as it states in the sticky:

    Quote Quoting blewis
    View Post
    If the prosecutor fails to provide them with 7 days, you may also move for suppression, but you must show prejudice – you must show how NOT having the materials in a timely manner has hurt your ability to defend yourself (that’s actually pretty hard to do – but feel free to give it a try).
    Barry

  5. #5
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    Apr 2010
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    238

    Default Re: Showing of Prejudice and Suppressing

    Quote Quoting blewis
    View Post
    First of all, why are you posting this stuff in multiple threads? I would have thought that you've been around long enough to know that you should keep it in ONE thread. In fact, this is the THIRD thread you've started about the same infraction.

    And I don't "allude" to showing prejudice -- it's in the Court Rule. How do you show prejudice? Simple -- just as it states in the sticky:
    Barry
    Sorry for irritating you as you have been a source of great knowledge. Being kind of dense and a rank amateur, I'm just not picking up on why the showing of prejudice is "actually pretty hard to do" - trying to find some clarity.

  6. #6
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    Aug 2011
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    South-Central Cali
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    1,274

    Default Re: Showing of Prejudice and Suppressing

    Quote Quoting lurkertom
    View Post
    I'm just not picking up on why the showing of prejudice is "actually pretty hard to do" - trying to find some clarity.
    The general rule is a simple analogy: if the statement had been provided on time, would the outcome of your case have been different? The hard part is showing that before there is an outcome. (i.e., in an appeal).

    If your sworn statement arrives after the deadline, post it and we'll try to see if there is any demonstrable prejudice....

  7. #7
    Join Date
    Apr 2010
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    238

    Default Re: Showing of Prejudice and Suppressing

    I found this older thread which helps explain it better and what I may be up against. I will need to wait it out and see what appears in the mailbox. I'll post anything I get, even at the risk of once again irritating some of the more senior members of this forum. Thanks for all the help so far.

    http://www.expertlaw.com/forums/showthread.php?t=97916

  8. #8
    Join Date
    Apr 2010
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    238

    Default Re: Showing of Prejudice and Suppressing

    I just called the court and was told the infraction was filed on December 13, 2011. That would be a full 7 business days after it was issued (on December 4). Discovery materials arrived in the mail today. I will make a motion to dismiss based upon IRLJ 2.2(d) - infraction not filed with the court within the five day time limit.

  9. #9
    Join Date
    Dec 2004
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    Seattle
    Posts
    3,577

    Default Re: Showing of Prejudice and Suppressing

    Unless the clerk made a mistake, that should do it.

    Barry

  10. #10
    Join Date
    Apr 2010
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    238

    Default Re: Showing of Prejudice and Suppressing

    The copy of the infraction they sent with discovery is stamped December 13, 2011

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