Does Defendant have a reciprocal obligation to disclose all relevant evidence obtained before trial, including rebuttal evidence it intends to use at trial?

California, United States of America


The following excerpt is from People v. Humphreys, B283579 (Cal. App. 2019):

Defendant contends that the requirement of reciprocal discovery under the federal and state constitutions means that under Penal Code sections 1054 through 1054.7, the prosecution must disclose "all relevant evidence obtained before trial, including rebuttal evidence it intends to use at trial." Defendant does not explain the relevance of the rule of reciprocity here, and he does not describe any circumstance that triggered a reciprocal obligation to disclose evidence. (See generally, Izazaga v. Superior Court (1991) 54 Cal.3d 356, 371-377.) Instead,

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