How have courts dealt with the issue of prosecutorial discovery in criminal cases?

California, United States of America


The following excerpt is from Izazaga v. Superior Court, 285 Cal.Rptr. 231, 54 Cal.3d 356, 815 P.2d 304 (Cal. 1991):

In Reynolds v. Superior Court (1974) 12 Cal.3d 834, 117 Cal.Rptr. 437, 528 P.2d 45, we turned yet again to the issue of prosecutorial discovery. On the People's motion, the trial court issued an order compelling discovery, to the following effect: the defendant had to give the People at least three days' notice in advance of calling any alibi witnesses, and had to disclose to them the names, addresses, and telephone numbers of such witnesses; for their part, the People had to disclose to the defendant any evidence they might possess or obtain that could impeach his alibi witnesses; failure to disclose a witness or evidence would result in exclusion. The defendant petitioned for a writ of prohibition against the trial court to restrain enforcement of the order. We directed issuance of the writ.

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