In a motion to compel a prosecutor to make a timely disclosure of evidence, what are the grounds of objection?

California, United States of America


The following excerpt is from People v. Binns, B282506 (Cal. App. 2018):

12. Binns asserts various arguments as to why the prosecutor's disclosure was untimely. Specifically, she contends the prosecutor improperly waited one to two days to make the disclosure, the prosecutor was aware of the specific nature of J.H.'s testimony far earlier than he represented to the court, and the investigating officers' knowledge of J.H.'s testimony should be imputed to the prosecutor. Binns forfeited these arguments by failing to assert them below, and we decline to consider them for the first time on appeal. (See People v. McKinnon (2011) 52 Cal.4th 610, 674 [failure to object on same ground at trial forfeits argument on appeal].)

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