Are there any new facts or evidence that have not been disclosed to the defense?
MultiRegion, United States of America
The following excerpt is from Siripongs v. Calderon, 167 F.3d 1225 (9th Cir. 1999):
The only information asserted in Claim 1 that arguably was not previously known to the defense is the existence of prosecutorial theories and suspicions, rather than knowledge of facts or evidence. Prosecutors are under no obligation to disclose their theories, thought processes, or even all investigatory work. See United States v. Agurs, 427 U.S. 97, 109, 96 S.Ct. 2392, 49 L.Ed.2d 342 (1976).
Claim 1 advances no new material facts or colorable claims of constitutional error.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a claim in a pro se pleadings, motions and/or/opposition constitute evidence where the claim is based on personal knowledge of facts admissible in evidence? (MultiRegion, United States of America)
Is sufficient evidence to support a conviction if, viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of a crime beyond a reasonable doubt? (MultiRegion, United States of America)
What is the government's failure to assist the defense by disclosing information material to the defense? (MultiRegion, United States of America)
Can a self defense claim to charges of receipt or possession of a firearm be considered a defense duress, coercion, or self defense? (MultiRegion, United States of America)
Does the prosecution have a duty to disclose to the defense material exculpatory evidence? (MultiRegion, United States of America)
What is a defense lawyer's duty to investigate the defense counsel's "most important defense"? (MultiRegion, United States of America)
Is entrapment the defense defense defense theory? (MultiRegion, United States of America)
Does a defense attorney have a strategic choice between allowing evidence of prior convictions to be introduced into evidence for impeachment purposes? (MultiRegion, United States of America)
What is the difference between evidence obtained as a result of a violation of the Fifth Amendment and that reliable evidence obtained under the Fourth Amendment? (MultiRegion, United States of America)
What is the legal test for evidence that supports the argument that an expert can provide evidence in an administrative record review? (MultiRegion, United States of America)
