Is a prosecution obligated to disclose to a defendant or his or her attorney a witness statement that they intend to use at trial?
California, United States of America
The following excerpt is from People v. Wells, H040061 (Cal. App. 2016):
State law requires the prosecution to "disclose to the defendant or his or her attorney . . . [] . . . [] (f) Relevant written or recorded statements of witnesses or reports of the statements of witnesses whom the prosecutor intends to call at the trial . . . ." ( 1054.1.) Oral statements also are subject to the section 1054.1 disclosure requirement. (Roland v. Superior Court (2004) 124 Cal.App.4th 154, 167.)
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