Gavel-Dropper

Gavel-Dropper t1_j6pdxhq wrote

I didn’t get a sense this was Brady, the article mentioned phone records and other materials. I think this is stuff that should’ve have been turned over years ago but wasn’t. The fact it was done mid trial probably led to the dismissal, as at that point you have double jeopardy concerns and a plethora of other appealable issues. I think this was the discovery reform at play, but a situation where the DAs office didn’t have a rebuttal argument to make. 2 weeks into trial on a 4/5 year old indictment is very late to be turning things over.

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Gavel-Dropper t1_j6pcpw3 wrote

The seems more like a discovery obligation issue. It doesn’t matter if the evidence was exculpatory, if the DA failed to turn it over in the time prescribed by law. Most DAs won’t consent to these dismissals unless whatever was failed to turned over was egregious and late, usually you make some argument. Halfway through a trial seems really late to be turning stuff over if you’ve had it in your possession.

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