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Keywords

defendantattorneydiscoveryhearingtrialtestimonymotionprosecutor
defendantattorneydiscoveryhearingtrialtestimonymotionprosecutor

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People v. Delarosa, 287 A.D.2d 735, 732 N.Y.S.2d 108, 2001 N.Y. Slip Op. 08424
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People v. Hammond, 22 Cal.App.4th 1611, 28 Cal.Rptr.2d 180

Facts

On June 11, 1992, John Laudenslayer's home was burglarized while he was at work. Upon returning, he found his back door damaged and approximately 20 items missing. Witnesses observed a green and white Chevy Malibu near the scene, which was later identified as belonging to the defendant. The defendant was arrested after a car accident, and items from the burglary were found in his vehicle's trunk. The defendant did not testify but called a friend as a witness, who was later impeached.

On June 11, 1992, John Laudenslayer's home was burglarized while he was at work. Upon returning, he found his back door damaged and approximately 20 items missing.

Issue

Did the court err in denying the defendant's Wheeler motion regarding jury selection and in allowing the testimony of a rebuttal witness whose identity was not disclosed prior to trial?

Did the court err in denying the defendant's Wheeler motion regarding jury selection and in allowing the testimony of a rebuttal witness whose identity was not disclosed prior to trial?

Rule

The prosecuting attorney must disclose the names and addresses of witnesses they intend to call at trial, including rebuttal witnesses, as per Penal Code sections 1054.1 and 1054.3.

The prosecuting attorney must disclose the names and addresses of witnesses they intend to call at trial, including rebuttal witnesses, as per Penal Code sections 1054.1 and 1054.3.

Analysis

The court found that the prosecutor's late disclosure of the rebuttal witness did not constitute a violation of the discovery order, as the need for the witness arose from the defense's presentation of evidence. The court also noted that the defendant was granted a suppression hearing after the trial, which addressed any potential issues regarding the witness's testimony.

The court found that the prosecutor's late disclosure of the rebuttal witness did not constitute a violation of the discovery order, as the need for the witness arose from the defense's presentation of evidence.

Conclusion

The court affirmed the conviction, concluding that there was no violation of the discovery order and that any procedural errors were remedied by the post-trial suppression hearing.

The court affirmed the conviction, concluding that there was no violation of the discovery order and that any procedural errors were remedied by the post-trial suppression hearing.

Who won?

The People (prosecution) prevailed in the case because the court found no merit in the defendant's claims regarding the discovery violations and procedural errors.

The People (prosecution) prevailed in the case because the court found no merit in the defendant's claims regarding the discovery violations and procedural errors.

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