What are the disclosure obligations of a prosecutor in a criminal case?

California, United States of America


The following excerpt is from People v. Barrios, E069418 (Cal. App. 2019):

The prosecutor's disclosure obligations are governed by statutory procedures and federal constitutional due process rights. Section 1054.1 specifies matters the prosecution must disclose to the defense, including exculpatory evidence and felony convictions of material witnesses. ( 1054.1, subds. (d), (e); J.E. v. Superior Court (2014) 223 Cal.App.4th 1329, 1334 (J.E.).) The constitutional disclosure obligations exist independently of the statutory procedures. (Izazaga v. Superior Court (1991) 54 Cal.3d 356, 377-378; J.E., supra, at p. 1334.)

Other Questions


Does a prosecutor have an obligation or obligation to present evidence of misconduct to the jury in a criminal case? (California, United States of America)
Can a prosecutor ask a witness in a civil case if they have been asked to suggest that Page 22 of the S.S.O.A.C.D.O., is there any case law in which a prosecutor has been found guilty of misconduct? (California, United States of America)
How have the voir dire questions in a criminal case been interpreted by the trial court and the prosecutor in this case? (California, United States of America)
How have courts interpreted comments made by a prosecutor in a civil case where the prosecutor suggested that the prosecutor's theories were not the exclusive theories that may be considered by the court? (California, United States of America)
When a prosecutor asks for an expert's opinion in a criminal case, can the prosecutor ask for a hypothetical question? (California, United States of America)
Can a prosecutor add an additional charge or allegation under section 739 of the Criminal Code to the criminal complaint of a defendant in a sexual assault case? (California, United States of America)
Can a prosecutor improperly cross-examine a defendant's prior criminal convictions in a criminal case? (California, United States of America)
Is there any case law where a prosecutor's decision not to charge under one criminal statute but under the other under the same criminal code violates equal protection principles? (California, United States of America)
Is there any case law where a prosecutor's decision not to charge under one criminal statute but under the other under the same criminal code violates equal protection principles? (California, United States of America)
Is a parent, relative, or co-habitant of a defendant in a criminal case outside the scope of marital privilege in criminal cases? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.