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Old 01-23-2006, 11:23 AM   #27
Sheriff Gonna Getcha
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Join Date: Feb 2004
Age: 46
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Re: Sean Taylor's Legal Situation

Quote:
Originally Posted by onlydarksets
We need to distinsguish between mandatory discovery and permissive discovery. The prosecution MUST turn over exculpatory evidence. The defense has a right to REQUEST pretty much all non-work product evidence. If the defense doesn't ask for something that isn't mandatory, the prosecution has no duty to turn it over. Even failure to turn over exculpatory evidence isn't necessarily reversible error unless the defense can prove that it impacted the outcome on the case or that the prosecution acted maliciously.

Anyhow, the original statement was: "It is unlikely ST's lawyers know all the evidence against him." If they are good attorneys and know what to ask for, then they probably know pretty much everything.
They probably know a lot, but not everything. By that I mean, they likely don't know what exactly the witnesses saw or heard. They don't know what precisely they are going to testify to at trial. When you don't know exactly what the witnesses are going to testify to and their testimony is likely going to constitute the bulk of the evidence against ST, I'm not sure that you can say that they will know everything. Moreover, if they intend to tell half-truths on the stand, or ST is telling half-truths to his attorneys, it may make for some surprises. That's just my two cents.
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