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Are defendants who have been convicted of a homicide

Customer Question
Are defendants who have...

Are defendants who have been convicted of a homicide entitled to receive discovery material prior to a PCRA hearing?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Yes. The case is being heard in PA criminal court

Lawyer's Assistant: Have you talked to a lawyer yet?

I am the PCRA attorney.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The assistant disrict attorney says she will not provide the requested discovery material which was not presented at trial.

Submitted: 4 months ago.Category: Legal
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Answered in 2 days by:
12/18/2017
Lawyer: Van, Retired Judge replied 4 months ago
Van
Van, Retired Judge
Category: Legal
Satisfied Customers: 95
Experience: Criminal Court Judge
Verified
Welcome to Just Answer. It appears from your question that you are handling a post conviction relief application. Have you requested the court record to see what was provided to the trial attorney?
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Customer reply replied 4 months ago
Am I entitled to trial discovery at the PCRA stage of the case.
Lawyer: Van, Retired Judge replied 4 months ago
Generally, the typical discovery rules don’t apply in a PCRA. First you should pull the court file as well as the appellate file. If you believe that the District Attorney’s office is in possession of a piece of evidence you have two options:
1. File a Freedom of Information Act (FOIA) request with the district attoeney’s office.
2. File a motion with the court to have the district attorney’s office to provide additional discovery. You must file a particularized motion.Sorry for the delayed response. This question disappeared from my open questions.Please let me know if you need any additional information regarding this matter.
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