Is there any case law where the prosecution failed to notify defense counsel of an alleged sexual assault before the trial had even begun?

California, United States of America

The following excerpt is from People v. Sinclair, D073786 (Cal. App. 2019):

very type of witness that requires, but is likely not to appear to submit to, cross-examination before a jury."].) As we discuss post, Adam was not the sole witness to the crime; his testimony was largely cumulative as there were several eyewitnesses, and a video surveillance camera captured the incident. We agree with Sinclair that the prosecution should have notified defense counsel sooner, but we do not believe the prosecution's actions as a whole were "desultory and indifferent." (People v. Mendieta (1986) 185 Cal.App.3d 1032, 1039.)

"The most advanced legal research software ever built."

Try it today free of charge!

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

Can a defense counsel appeal against an admonition from the trial court for failing to timely object to challenged statements made by defense counsel regarding sexual assault? (California, United States of America)

How has the prosecution and defense counsel treated the evidence in the trial of a defendant who was diagnosed as having a history of sexual abuse as a result of his own sexual abuse? (California, United States of America)

Does trial counsel shirk his constitutional responsibility to provide competent counsel by failing to ask the court to instruct on a bogus self-defense defense? (California, United States of America)

When a prosecutor asks a defense counsel a question in voir dire about rape and sexual assault, is the defense counsel's failure to object to the questions? (California, United States of America)

In a sexual assault case, in what circumstances would the jury have considered a defense counsel's closing argument that the prosecutor's rebuttal to the closing argument had the trial court sustained an objection? (California, United States of America)

Is a prosecutor's comment that defense counsel was seeking to "distract the jury from the evidence as an attack on counsel's integrity a fair response to defense counsel's remarks? (California, United States of America)

What is the effect of defense counsel's vigorous pursuit throughout the trial of a potentially meritorious defense based on alleged discrepancies and inaccuracies in police reports? (California, United States of America)

Can defense counsel argue that defense counsel failed to object to the foregoing procedure or request that written instructions be provided to the jury? (California, United States of America)

Where an allegation of sexual assault is made directly to the accused in writing, does the accused have to notify the accused of the allegation of a specific violation of his or her due process? (California, United States of America)

For the purposes of section 1108.2(1) of the California Criminal Code, is there any constitutional error in a trial court's decision to instruct the jury in a sexual assault case to consider the use of sexual assault evidence admitted under Section 1108? (California, United States of America)

Is there any case law where the prosecution failed to notify defense counsel of an alleged sexual assault before the trial had even begun?

"The most advanced legal research software ever built."

Other Questions

Trusted by top litigators from across North America.

Company

Product

Resources