Does Section 1054(1) of the California Civil Code of Civil Procedure, section 1054 et. seq. and section 854 of the Criminal Code, allow defense counsel to conduct their investigation and prepare for trial?

California, United States of America


The following excerpt is from People v. Green, B253829 (Cal. App. 2015):

The purpose of section 1054 et seq. "'is to promote ascertainment of truth by liberal discovery rules which allow parties to obtain information in order to prepare their cases and reduce the chance of surprise at trial. [Citation.]'" (Thompson v. Superior Court (1997) 53 Cal.App.4th 480, 487.) We note that defense counsel never argued that the F.I. cards should be excluded, that the late discovery necessitated a continuance so he could conduct an investigation, or that the trial court should instruct the jury that the prosecutor had provided late discovery. In the absence of any indication to the contrary, the trial court reasonably inferred that defense counsel had ample opportunity to conduct an investigation and prepare for trial. Consequently, we conclude that the trial court did not abuse its discretion.

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