What is the test for a jury to consider late discovery in their discussion with a prosecution witness?

California, United States of America


The following excerpt is from People v. Turner, B259916 (Cal. App. 2016):

late discovery impeded his defense. His "generalized statements are insufficient to demonstrate prejudice." (People v. Verdugo (2010) 50 Cal.4th 263, 282.) Defendant also argues that the court should have instructed the jurors to "consider the late discovery in weighing the prosecution's case," but he did not request such instruction in the trial court.3 Nor does he provide any legal basis for concluding such an instruction should have been given in this case. Finally, no showing is made that the instruction would have had any impact on the verdict, and therefore even if the instruction should have been given reversal is not warranted. (Cf. People v. Riggs (2008) 44 Cal.4th 248, 311.)

3. The Jurors Brief Conversation with a Prosecution Witness Does Not Require Reversal of Defendant's Conviction

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