Discovery

Question 1

How can a D elect to participate in discovery?

Answer 1

(1) filing written notice w/ court and ASA
(2) participation
(3) knowing and purposefully sharing in the discovery of a Co-D

Question 2

When must a state provide discovery?

Answer 2

within 15 days

Question 3

What are the three categories of witnesses?

Answer 3

A: all witnesses who did anything important
B: not A or C
C: witnesses who only performed ministerial functions

Question 4

For felonies, who can a D depose?

Answer 4

Category A witnesses, Category B witnesses on good cause, and Category C witnesses upon a showing they were mischaracterized

Question 5

For misdemeanors, who can a D depose?

Answer 5

Depositions only allowed for good cause

Question 6

What are D’s obligations if he opts in to discovery?

Answer 6

Must respond within 15 days of receipt of the prosecutor’s discovery exhibit.
Provide:
(1) names + addresses of everyone D expects to call at trial or a hearing
(2) written statements of those witnesses
(3) reports of experts
(4) tangibles

Question 7

What is not subject to disclosure in discovery?

Answer 7

(1) work product
(2) confidential informant (unless they will appear at hearing/trial or failure to disclose will violate D’s constitutional rights

Question 8

What kind of hearing is held for a discovery violation?

Answer 8

Richardson hearing