What is the proper disposition of a motion for pre-trial discovery in a sexual assault case?
California, United States of America
The following excerpt is from People v. Hustead, 74 Cal.App.4th 410, 87 Cal.Rptr.2d 875 (Cal. App. 1999):
Such a disposition is not unheard of in California cases. In People v. Coyer (1983) 142 Cal.App.3d 839, 191 Cal.Rptr. 376, the court ordered a similar disposition. The defendant in that case had sought pretrial discovery of any charges currently pending against any witness the prosecution intended to call. The trial court denied the request and the defendant was convicted at trial. (Id. at pp. 841-842, 191 Cal.Rptr. 376.) The appellate court held that the trial court abused its discretion in denying the discovery request. (Id. at p. 843, 191 Cal.Rptr. 376.) In considering the proper disposition in that case, the court stated:
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