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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 26810
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Does, the prosecuting attorney has a legal duty under the

Customer Question

Does, the prosecuting attorney has a legal duty under the discovery rules to provide any and all evidence including witness "exculpatory" or not that they have in their possession to the defendant's attorney. . .
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.
My name is ***** ***** I am an experienced criminal lawyer.
If you're asking whether the DA has to turn over their whole file to the defense attorney, the answer is no. But they do have to turn over all exculpatory evidence that they have in their possession. That is their obligation as determined by the US Supreme Court in Brady v. Maryland in 1963. It would be misconduct for a prosecutor to have such evidence in his possession and fail to apprise the defense attorney.
As to the rest of the evidence, he would have to provide a witness list, grand jury testimony, all police reports, recordings, videos, medical reports, photographs that he intends to use at trial. His own notes would be protected as work product.

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