(DOWNLOAD) "State West Virginia v. Tim Johnson" by Sixth Circuit U.S. Court of Appeals ~ eBook PDF Kindle ePub Free
eBook details
- Title: State West Virginia v. Tim Johnson
- Author : Sixth Circuit U.S. Court of Appeals
- Release Date : January 01, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 74 KB
Description
1. Our traditional appellate standard for determining whether the failure to comply with court ordered pretrial discovery is prejudicial is contained in Syllabus Point 2 of State v. Grimm, 165 W.Va. 547, 270 S.E.2d 173 (1980), and is applicable to discovery under Rule 16 of the Rules of Criminal Procedure. It is summarized: The non-disclosure is prejudicial where the defense is surprised on a material issue and where the failure to make the disclosure hampers the preparation and presentation of the defendants case.
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