lin
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Why would TES volunteers having hot dogs for lunch be discovery? By definition:
DISCOVERY - Part of the pre-trial litigation process during which each party requests relevant information and documents from the other side in an attempt to "discover" pertinent facts. Generally discovery devices include depositions, interogatories, requests for admissions, document production requests and requests for inspection.
If a piece of information is not relevant, by definition, it cannot be discovery. The word relevant implies a traceable, significant, logical connection.
My simple illustration notwithstanding, I stand by my assertion. Do you assert that an appellate court would send any case back for the withholding "any" discovery, as I understood you to imply, or do you agree with me that to be cause for a retrial the defense would have to show that access to that evidence may have changed the outcome at trial?