Does the continuing duty of the prosecution to turn over material that might establish the truth of a defense witness extend to exculpatory evidence?
California, United States of America
The following excerpt is from Hobbs v. Municipal Court, 233 Cal.App.3d 670, 284 Cal.Rptr. 655 (Cal. App. 1991):
14 Also, under section 1054.1, subdivision (e), the continuing duty of the prosecution to turn over material extends to exculpatory evidence, such as information that might establish the truth of a defense witness's testimony. (See People v. Collie, supra, 30 Cal.3d 43, 54, 177 Cal.Rptr. 458, 634 P.2d 534.)
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