^^s/
bbm
Under Colorado Law, I'm not so sure that is
true for the defense.
What Does Making “Discovery” Mean? The Term Is Based In Both Preparation and Investigation
Making discovery under Colorado Law– is the procedure followed by the state of Colorado
prosecutors to provide a factual basis of to the crimes charged to the defendant or their lawyer. It is controlled by Rule 16 (below) of the Colorado Rules of Criminal Procedure.
Typical “discoverable materials” are police reports, witness statements, criminal history reports, lab reports, photos, interviews, and any other information bearing on the regarding the guilt- and even more importantly -the innocence – of the defendant. [i.e., exculpatory evidence].
Making Discovery Under Colorado Law (Getting The Police Reports) in a Colorado Criminal Case
Link above an excellent source outlining Colorado Criminal Case guidelines for the prosecutor.
Crim. P. Rule 16. -- Defense Disclosure
Part II. Disclosure to Prosecution
(a) The Person of the Accused.
(1) Notwithstanding the initiation of judicial proceedings, and subject to constitutional limitations, upon request of the prosecuting attorney, the court may require the accused to give any nontestimonial identification as provided in Rule 41.1(h)(2).
(2) Whenever the personal appearance of the accused is required for the foregoing purposes, reasonable notice of the time and place of such appearance shall be given by the prosecuting attorney to the accused and his or her counsel. Provision may be made for appearance for such purposes in an order admitting the accused to bail or providing for his or her release.
(b) Medical and Scientific Reports.
(1) Subject to constitutional limitations, the trial court may require that the prosecuting attorney be informed of and permitted to inspect and copy or photograph any reports or statements of experts, made in connection with the particular case, including results of physical or mental examinations and of scientific tests, experiments, or comparisons.
(2) Subject to constitutional limitations, and where the interests of justice would be served, the court may order the defense to disclose the underlying facts or data supporting the opinion in that particular case of an expert endorsed as a witness. If a report has not been prepared by that expert to aid in compliance with other discovery obligations of this rule, the court may order the party calling that expert to provide a written summary of the testimony describing the witness’s opinions and the bases and reasons therefor, including results of physical or mental examinations and of scientific tests, experiments, or comparisons. The intent of this section is to allow the prosecution sufficient meaningful information to conduct effective cross-examination under CRE 705.
(c) Nature of Defense.
Subject to constitutional limitations, the defense shall disclose to the prosecution the nature of any defense, other than alibi, which the defense intends to use at trial. The defense shall also disclose the names and addresses of persons whom the defense intends to call as witnesses at trial. At the entry of the not guilty plea, the court shall set a deadline for such disclosure. In no case shall such disclosure be less than 35 days before trial for a felony trial, or 7 days before trial for a non-felony trial, except for good cause shown. Upon receipt of the information required by this subsection (c), the prosecuting attorney shall notify the defense of any additional witnesses which the prosecution intends to call to rebut such defense within a reasonable time after their identity becomes known.
For the balance of the statute – not printed – click here RULE 16 – COLORADO DISCOVERY RULES
….(b) Time Schedule.
(1) In the event the defendant enters a plea of not guilty or not guilty by reason of insanity, or asserts the defense of impaired mental condition, the court shall set a deadline for such disclosure to the prosecuting attorney of those items referred to in Parts II (b)(1) and (c) herein, subject to objections which may be raised by the defense within that period pursuant to Part III (d) of this rule. In no case shall such disclosure be less than 35 days before trial for a felony trial, or 7 days before trial for a non-felony trial, except for good cause shown.
(2) If either the prosecuting attorney or the defense claims that discoverable material under this rule was not furnished, was incomplete, was illegible or otherwise failed to satisfy this rule, or if claim is made that discretionary disclosures pursuant to Part I (d) should be made, the prosecuting attorney or the defense may file a motion concerning these matters and the motion shall be promptly heard by the court.
(3) For good cause, the court may, on motion of either party or its own motion, alter the time for all matters relating to discovery under this rule.
^^ bbm
https://www.denver-colorado-crimina...e-information-you-need-to-defend-your-clients
Probably so. I assume they mean at ma's although I do not think it was ever explicitly stated so PF or Ma apparently cooked a pizza after the fire unless it was cold leftover pizza slices...
