California, United States of America
The following excerpt is from People v. Moore, B218901 (Cal. App. 2011):
Appellant argues the prosecution violated its duty to disclose forensic test results in a timely manner as required by section 1054.1. He contends this violation was prejudicial because the opening statement by his attorney and testimony of a defense witness emphasized the failure of investigators to conduct the forensic tests. He asserts he was deprived of his right to due process because he was not able to conduct further investigation based on the untimely forensic results. Appellant suggests the untimely revelation of the test results was part of a calculated effort by the prosecution to withhold evidence and surprise defense counsel at trial. He does not claim a violation of the prosecutor's duty to disclose exculpatory evidence under Brady v. Maryland (1963) 373 U.S. 83.
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