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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: 7 months ago.Category: Legal
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Answered in 2 days by:
12/18/2017
Lawyer: Van, Retired Judge replied 7 months ago
Van
Van, Retired Judge
Category: Legal
Satisfied Customers: 96
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 7 months ago
Am I entitled to trial discovery at the PCRA stage of the case.
Lawyer: Van, Retired Judge replied 7 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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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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