What is the burden of discovery for a defendant in a sexual assault case?
California, United States of America
The following excerpt is from People v. Belyew, C088250 (Cal. App. 2020):
In any event, even if we assume the prosecutor belatedly disclosed the evidence, defendant has not shown that exclusion of the evidence was warranted or that she was prejudiced. It is the defendant's burden to establish that the prosecution's failure to comply with discovery requirements in a timely manner was prejudicial. (People v. McKinnon (2011) 52 Cal.4th 610, 668-669.)
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