Defenses and Discovery

Question 1

The prosecution is obliged to make certain specified disclosures with 15 days of Defendant’s filing of the Notice of Discovery. Within _______days of receiving information from the prosecution, the defendant must turn over the names of witnesses and any statements obtained _____________________.

Answer 1

15 ; for use at trial

Question 2

Upon demand of the prosecution, a defendant must file notice of his intent to use an alibi defense together with a witness list at least ________ days before trial. In that case, the state must provide rebuttal witnesses at least ______ days before trial.

Answer 2

10 ; 5

Question 3

What are the 3 C’s a court may impose for non-compliance during discovery?

Answer 3

1. Comply
2. Continuance
3. Contempt

Question 4

What are the 4 defenses a D can assert?

Answer 4

1. Alibi
2. Competence
3. Insanity
4. Other mental health issues