What is the impact of the reciprocal discovery scheme on a defendant's right to counsel?

California, United States of America


The following excerpt is from Meeks v. Superior Court (People), 230 Cal.App.3d 698, 281 Cal.Rptr. 796 (Cal. App. 1991):

Defendant exaggerates the effect of the reciprocal discovery scheme on his Sixth Amendment right to counsel. As we have noted, defendant need disclose only those witnesses (and only the statements of those witnesses) whom defendant intends to produce at trial. Obviously, these will be witnesses defendant deems essential to the issue of guilt. It is doubtful that anyone whom counsel deems unhelpful or damaging to the defense would be on defendant's list of witnesses he intends to call at trial. The identity of such witnesses need not be disclosed. There is nothing in the statutory scheme which would inhibit counsel from making a full, exhaustive investigation on behalf of his client or which would penalize counsel for having done so. (State v. Yates (1988) 111 Wash.2d 793, 765 P.2d 291, 295.)

Other Questions


What is the difference between a defendant's absolute right to counsel and his unqualified constitutional right to discharge counsel if he pleases and represents himself? (California, United States of America)
What are defendant's rights regarding counsel, counsel and Boykin/Tahl rights? (California, United States of America)
Can a co-defendant's counsel be found to have prejudiced another defendant's rights? (California, United States of America)
What is the test for a waiver of counsel when a defendant seeks to forgo the right to counsel and engage in self-representation? (California, United States of America)
If counsel discovered that the burglary had been reduced to a misdemeanor, and lodged an objection below, would counsel have discovered that counsel had discovered that Counsel had discovered it was a misdemeanor? (California, United States of America)
Can a defendant who failed to object at trial to alleged prosecutorial misconduct on appeal argue that counsel's inaction violated their constitutional right to effective assistance of counsel? (California, United States of America)
Can a defendant argue that counsel's failure to object to the prosecutor's argument violated his right to effective assistance of counsel? (California, United States of America)
Does a defendant's Sixth Amendment right to counsel include a right to loyal assistance? (California, United States of America)
Can a defendant argue on appeal that counsel's inaction at trial to alleged prosecutorial misconduct violated their constitutional right to effective assistance of counsel? (California, United States of America)
Does substitute counsel violate a defendant's right to effective assistance of counsel? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.