Does a defendant have an obligation to produce defense evidence to the prosecution?

California, United States of America


The following excerpt is from People v. Milner, 246 Cal.Rptr. 713, 45 Cal.3d 227, 753 P.2d 669 (Cal. 1988):

Defendant cites People v. Collie (1981) 30 Cal.3d 43, 177 Cal.Rptr. 458, 634 P.2d 534. Collie dealt with prosecutorial discovery-- compelled production of defense evidence--and is not controlling here. Defendant nevertheless argues that counsel was ineffective under that case for voluntarily disclosing documents which he allegedly was under no obligation to disclose to the prosecution.

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