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  1. #1
    Join Date
    Oct 2009
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    CA
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    22

    Default Keeping Evidence Out of Court Due to Nondisclosure

    I have a question. I didn't get discovery or anything close to that, so I plan to ask Judge to exclude evidence that was not provided in discovery. From what I've read here these kind of requests are ignored at best. If Judge denies that request, what should I do next? Do I just say I'd like to appeal or do I go on with the trial? Any guidance would be appreciated.

  2. #2
    Join Date
    Mar 2009
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    LA LA Land
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    9,170

    Default Re: Keeping Evidence Out of Court Due to Nondisclosure

    If you've read that these kind of requests are ignored (denied) at best then you have probably also read that your next step would be to file a "motion to compel" rather than to make a "motion to exclude/prohibit testimony"... And to answer you question from your other thread (Motion To Compel), there is no specific form to file for such a motion. It sounds complicated but its not... You simply write it in a letter format, include a copy of your request along with copies of "Proof of service", return receipts, copies/replies from the DA/police, you cite Penal Code Section 1054.5, Aaaand, you request that the court order the DA/officer to disclose the material you requested.

    PC 1054.5 (c) The court may prohibit the testimony of a witness pursuant to subdivision (b) only if all other sanctions have been exhausted. The court shall not dismiss a charge pursuant to subdivision (b) unless required to do so by the Constitution of the United States.

  3. #3

    Default Re: Keeping Evidence Out of Court Due to Nondisclosure

    You should not make it easy for the judge to deny it. Use all your best persuasive charm to argue how the lack of discovery has greatly inconvenienced and jeopardized your defense. Use as many case laws and quote as many legal code as you can (probably not a lot, but there has to be some). Don't just make a request in passing and expect it to be denied.

    Now if you try that hard, the judge should at least tell the officer to give you all your discovery and grant a continuance, so that you can go back and prepare again. If the judge outright denies it, then let the trial proceed (don't yell at the judge "I want to appeal your decision, right now!" ). Once the trial concludes, if you lose the case, then you can appeal at least on procedural error.

  4. #4
    Join Date
    Oct 2009
    Location
    CA
    Posts
    22

    Default Re: Keeping Evidence Out of Court Due to Nondisclosure

    I did file a motion to compel discovery with court. I don't hope to get anything back because I filed it 11 days before trial (I got new trial date 2 days before I filed motion to compel, had to wait for trial date because the motion form asked for it). I did fill out the second part of the form in form of a letter requesting judge to compel discovery. Only few days left before trial date, so I will not get anything in time if it's coming. Reason I'm asking the question is because I'm getting ready for trial. I've found few good examples on google and will be using those to make request suppres the evidence (with all the case laws and PC and local court rules). I won't yell for appeal right away. Thanks for clearing that up for me. I do have another defence prepared if suppresing the evidence won't work.

    That Guy, I wish I had that info from your reply above a week ago. I spent many hours looking for that info and used what I found to file motion. I did not include reply from DA and cited the PC 1054 in my motion. So I guess I screwed that up.

    Well, now back to searching for examples of defence against seat belt law.

    Thank you for replies.

  5. #5
    Join Date
    Oct 2009
    Location
    CA
    Posts
    22

    Default Re: Keeping Evidence Out of Court Due to Nondisclosure

    Today is the day. Wish me luck!

  6. #6
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: Keeping Evidence Out of Court Due to Nondisclosure

    Best of luck... And please keep us updated.

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