Does a prosecutor have a duty to request DNA testing and learn of the results in a timely manner?

California, United States of America


The following excerpt is from People v. Alejandro, D075299 (Cal. App. 2020):

7. Alejandro cites In re Littlefield (1993) 5 Cal.4th 122 and Zellerino v. Brown (1991) 235 Cal.App.3d 1097 for the proposition that, "[c]ourts have discouraged the practice of failing to learn information that must be disclosed pretrial, as it results in sandbagging and is inconsistent with the search for truth." Even assuming that the prosecutor had a duty to request the DNA testing and learn of the results in a timely manner (but see Littlefield, at p. 135 ["There is no general duty on the part of the police or the prosecution to obtain evidence, conduct any tests, or ' "gather up everything which might eventually prove useful to the defense" ' "]), Alejandro has failed to demonstrate that the prosecutor breached such a duty.

Other Questions


Does the prosecution breach its duty to disclose forensic test results in a timely manner? (California, United States of America)
How have courts interpreted comments made by a prosecutor in a civil case where the prosecutor suggested that the prosecutor's theories were not the exclusive theories that may be considered by the court? (California, United States of America)
What is the test for denying a defendant's untimely request to represent himself at the time of sentencing? (California, United States of America)
When a defendant is held in custody before his sentence is due, is he entitled to time to serve his sentence as a result of the time he was in custody? (California, United States of America)
What is the test for a request for a continuance where the request is based on the need to put together a retainer fee? (California, United States of America)
What is the test for requesting a requested instruction on a defense? (California, United States of America)
What is the test for determining whether a prosecutor exercised peremptory challenges in a discriminatory manner? (California, United States of America)
When a prosecutor criticizes a defense attorney's conduct at trial, can the prosecutor be found guilty of misconduct if the prosecutor's arguments are not in the context of the defense counsel's conduct? (California, United States of America)
What is the test for misconduct by a prosecutor at a civil trial where the prosecutor made comments that defense counsel did not object to? (California, United States of America)
What is the test for requesting a requested instruction concerning the defense? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.