Discovery and Trial Flashcards
Constitutional Right to Exculpatory information
Brady v. Maryland- The D is entitled to disclosure of all exculpatory information (including impeachment evidence) that is “material” to guilt or punishment
Defendants can have discovery in
1) Felony cases and
2) Misdemeanor cases on direct indictment
A defendant, upon motion made at least 10 days before trial can discover
- Police reports (the right to inspect, not copy) (includes witness statements within reports)
- D’s own statements made to police or others (but only if the commonwealth intends to introduce as evidence)
- Results of forensic or scientific tests
- Documents and physical evidence upon a showing that they are “material to the preparation of the defense”
Expert Witnesses
The Commonwealth must provide notice of their intention to call experts and provide any written report of the witness including opinions, qualifications, and contract info.
Witness LIst
The Commonwealth must provide names and adresses of persons who will testify. The commonwealth may redact the address, phone, email, and SSN if a victim has made a request
Commonwealth may designate “restricted dissemination material” to be shown by defense counsel to the D but no copies not provided by the D
May apply when redacted information relates to a child witness, may endanger a witness or victim, or may disclose ongoing investigation or confidential law enforcement technique.
Court may removed RDM designation for good cause
Discovery by the Commonwealth
If D moves for discovery and the motion is granted, then the D has an obligation to provide discovery to the commonwealth. He must provide
1) Scientific and forensic test results defendant intends to rely upon at trial
2) notice of alibi, and provide information about where he was when crime was committed
3) If D relies on insanity, he must disclose reports of mental or physical examination
4) Expert written report (or if non exists a summary of opinions and bases) for experts expected to testify
4) Witness lists
Waiver of Jury Trial
A D may knowingly and voluntarily enter into a waiver of jury trial in open court. And the Commonwealth must consent to D’s waiver.
Presence of D, Victim, Witness
The D has a constitutional right and a statutory right to be presented during the trial in virginia
Rule of sequestration- the court, on motion of either party, must exclude witnesses.
The victim has the right to be present unless his presence would impair the conduct of the trial
Double Jeopardy
By statute in VA
Federal prosecution bars subsequent state prosecution for the same act or transaction
A defendant first convicted of a substantive offense cannot thereafter be convicted of conspiracy to commit that offense
Sentencing by a judge
Judge is authorized to determine the sentence when
The D pleads guilty
The D is tried by the court (both parties waive a jury);or
The D is tried by a jury, the the D failed to demand jury sentencing
Sentencing by Jury after proper demand
D must file a written pleading 30 days before trial
Bifurcated proceeding, at the separate sentencing proceeding
- Commonwealth offers the D’s criminal record
- Victim is permitted to testify about impact
- D may present evidence relevant to punishment
- The commonwealth my rebut the D’s evidence
- Court is not permitted to impose a sentence that is longer than the jury sentence, but the judge may suspend some or all of the sentence, unless a statute provides a mandatory sentence
Sentencing Guideline
Guidelines are not provided to jurys
The judge is required to consider the guidelines
If the court departs from the guidelines, it must file a written statement, explaining the reason for the departure.
