California, United States of America
The following excerpt is from People v. Poletti, 193 Cal.Rptr.3d 415, 240 Cal.App.4th 1191 (Cal. App. 2015):
7 The prosecutor represented to the trial court that there was no report of the victim's undisclosed statements. That is irrelevant to the question of whether a discovery violation occurred. While defense counsel does not have a duty to obtain written statements from witnesses [citation], counsel is not entitled to withhold any relevant witness statements from the prosecution by the simple expedient of not writing them down. [S]uch gamesmanship is inconsistent with the quest for truth, which is the objective of modern discovery. (Roland v. Superior Court (2004) 124 Cal.App.4th 154, 165, 21 Cal.Rptr.3d 151.)
7 The prosecutor represented to the trial court that there was no report of the victim's undisclosed statements. That is irrelevant to the question of whether a discovery violation occurred. While defense counsel does not have a duty to obtain written statements from witnesses [citation], counsel is not entitled to withhold any relevant witness statements from the prosecution by the simple expedient of not writing them down. [S]uch gamesmanship is inconsistent with the quest for truth, which is the objective of modern discovery. (Roland v. Superior Court (2004) 124 Cal.App.4th 154, 165, 21 Cal.Rptr.3d 151.)
8 Defense counsel made a Griffin objection, which was overruled.
8 Defense counsel made a Griffin objection, which was overruled.
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.