What authority does the Court rely on in determining whether a witness has a duty of disclosure?

California, United States of America


The following excerpt is from People v. Miller, 125 Cal.Rptr. 341, 52 Cal.App.3d 666 (Cal. App. 1975):

The authority principally relied upon in Hitch (United States v. Bryant, 142 U.S.App.D.C. 132, 439 F.2d 642, 651) holds only that 'the duty of disclosure attaches in some form once the Government has first gathered and taken possession of the evidence.' (Quoted in 12 Cal.3d at p. 650, 117 Cal.Rptr. at p. 15, 527 P.2d at p. 367.)

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