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.
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