What is the test for providing documents to the prosecution under Rule 16(a)(1)(C)?
MultiRegion, United States of America
The following excerpt is from U.S. v. Bryan, 868 F.2d 1032 (9th Cir. 1989):
The prosecution argues that under Rule 16(a)(1)(C), it is obligated to provide documents only if they are in the actual possession of the prosecution. According to the prosecution, "in the possession of the government" means in the possession of the prosecutor. The government relies on United States v. Polizzi, 801 F.2d 1543 (9th Cir.1986) (Polizzi ), and Gatto, 763 F.2d 1040.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is the failure of a lawyer to provide proper documentation sufficient to justify the absence of formal documentation? (MultiRegion, United States of America)
What is the effect of providing medical services provided by a private medical practice provider on a plaintiff's claim for wrongful death under the New York Workmen's Compensation Law? ("New York", United States of America)
Does the prosecution have a burden of proving its case against the defense in the context of the prosecution's argument that the defense had framed the prosecution on behalf of the defence? (MultiRegion, United States of America)
Does a state have jurisdiction to prosecute an individual for same conduct that served as basis for federal prosecution? (MultiRegion, United States of America)
Does the fact that a government employee provides opportunities or facilities for the commission of a criminal offence defeat the prosecution? (MultiRegion, United States of America)
Is Ajayi permitted to challenge on appeal the analysis provided by the district court to that provided in the magistrate judge's recommendation? (MultiRegion, United States of America)
What is the difference between a trial judge and a jury in a case where the trial judge declined even to examine the documents after reviewing the documents? (MultiRegion, United States of America)
When will the failure of the prosecution to hold a lineup be considered a factor in assessing the suggestiveness of the procedures used by the prosecution? (MultiRegion, United States of America)
Does a federal task force have a right to determine whether a criminal case should be referred for federal prosecution rather than state prosecution? (MultiRegion, United States of America)
What is the need for forceful advocacy in the prosecution and appellate stages of the prosecution? (MultiRegion, United States of America)
