What is the burden of proving that a prosecutor's late disclosure was prejudicial?
California, United States of America
The following excerpt is from People v. Wright, C083618 (Cal. App. 2018):
Defendant has the burden to show that the prosecutor's late disclosure was prejudicial and that a continuance would not have cured the harm. (People v. Thompson (2016) 1 Cal.5th 1043, 1103.) He fails to meet that burden. Defendant does not explain how an earlier disclosure would have affected his defense strategy, or why a continuance would not have cured the alleged harm.
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