Ct. Order?
Not sure I saw entire ct order Mike K. showed on a new-ish P/Evil podcast, but I think it parroted the statutory language.*
--- What prosecutor is obliged to produce w'in 21 days of def's 1st appearance.
--- Prosecutor shall make available to defense the ...material and information ..." bbm
"(I) Police, arrest and crime or offense reports, including statements of all witnesses;...
"(IV) Any books, papers, documents, photographs or tangible objects held as evidence in ... the case;...
"(VII) A written list of the names and addresses of the witnesses then known to the district attorney whom he or she intends to call at trial;... " bbm Notice the weasel words "intends to call."**
--- What prosecutor is not obliged to produce w'in same 21 day period.
"(II) transcripts of grand jury testimony" = Not Applicable here.
"(III) 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;" bbm So, items processed by forensic lab, e.g., blood, DNA???
"(V) Any record of prior criminal convictions of the accused,... or any person the prosecuting attorney intends to call as a witness in the case;" bbm Again, weasel words "intends to call."
"(VI) All tapes and transcripts of any electronic surveillance (including wiretaps) of conversations involving the accused,... or witness in the case;"
NB: later in case, prosecutor may be required to produce items on second list, but not w'in 21 day period.
Welcoming comment, clarification, correction, esp'ly from our legal professionals.
____ _____________________________________
* CO. R/CrimProcedure, Rule 16. Also addresses nondiscoverable reports & hearing re that issue.
Rule 16 - Discovery and Procedure Before Trial, Colo. R. Crim. P. 16 | Casetext Search + Citator
** In using "weasel words" not intending disrespect to prosecutor, judge, def atty, or anyone. Just saying there's room for a lot of interpretation and changes of mind.
Not sure I saw entire ct order Mike K. showed on a new-ish P/Evil podcast, but I think it parroted the statutory language.*
--- What prosecutor is obliged to produce w'in 21 days of def's 1st appearance.
--- Prosecutor shall make available to defense the ...material and information ..." bbm
"(I) Police, arrest and crime or offense reports, including statements of all witnesses;...
"(IV) Any books, papers, documents, photographs or tangible objects held as evidence in ... the case;...
"(VII) A written list of the names and addresses of the witnesses then known to the district attorney whom he or she intends to call at trial;... " bbm Notice the weasel words "intends to call."**
--- What prosecutor is not obliged to produce w'in same 21 day period.
"(II) transcripts of grand jury testimony" = Not Applicable here.
"(III) 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;" bbm So, items processed by forensic lab, e.g., blood, DNA???
"(V) Any record of prior criminal convictions of the accused,... or any person the prosecuting attorney intends to call as a witness in the case;" bbm Again, weasel words "intends to call."
"(VI) All tapes and transcripts of any electronic surveillance (including wiretaps) of conversations involving the accused,... or witness in the case;"
NB: later in case, prosecutor may be required to produce items on second list, but not w'in 21 day period.
Welcoming comment, clarification, correction, esp'ly from our legal professionals.
____ _____________________________________
* CO. R/CrimProcedure, Rule 16. Also addresses nondiscoverable reports & hearing re that issue.
Rule 16 - Discovery and Procedure Before Trial, Colo. R. Crim. P. 16 | Casetext Search + Citator
** In using "weasel words" not intending disrespect to prosecutor, judge, def atty, or anyone. Just saying there's room for a lot of interpretation and changes of mind.
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