Does the reciprocal discovery statute require the prosecution to disclose to the defense certain categories of evidence?

California, United States of America


The following excerpt is from People v. Howard, A149685 (Cal. App. 2018):

"[T]he reciprocal discovery statute independently requires the prosecution to disclose to the defense, in advance of trial or as soon as discovered, certain categories of evidence 'in the possession of the prosecuting attorney or [known by] the prosecuting attorney . . . to be in the possession of the investigating agencies.' ( 1054.1.) Evidence subject to disclosure includes '[a]ll relevant real evidence seized or obtained as a part of the investigation of the offenses charged' (id., subd. (c)) and '[a]ny exculpatory evidence' (id., subd. (e)). Absent good cause, such evidence must be disclosed at least 30 days before trial, or immediately if discovered or obtained within 30 days of trial. ( 1054.7.)" (People v. Zambrano (2007) 41 Cal.4th 1082, 1133 (Zambrano), overruled on other grounds in People v. Doolin (2009) 45 Cal.4th 390, 421, fn. 22.)

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