Does the delay in producing evidence in a criminal case affect the outcome of the trial?

California, United States of America


The following excerpt is from People v. James, A152400 (Cal. App. 2019):

As for the jail call recordings, even if the People violated the discovery statutes in producing this evidence, there has been no showing of prejudice from the delay. Notably, the evidence was never admitted at trial. Defendant, however, argues it is not possible to know if other favorable evidence in the jail call recordings was missed because the prosecution's delays deprived defense counsel of the time needed to conduct a competent review. This speculative argument does not establish prejudice. Defendant fails to identify anything in the recordings which, if given sufficient time to discover at trial, would have had a reasonable probability of changing the outcome. (People v. Watson, supra, 46 Cal.2d at pp. 836-837.)

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