With little public progress made, Cleare introduces her own discovery bill
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Credit: Senate Photography
As legislative leaders and district attorneys negotiate behind closed doors, state Sen. Cordell Cleare has introduced her own proposed compromise on discovery.
It seems at least one state lawmaker may be starting to get fed up with the budget delays around discovery and the alleged recalcitrance from district attorneys to negotiate over changes to the law. With details of those talks and proposed compromises still shrouded in mystery, state Sen. Cordell Cleare decided to introduce her own language on Wednesday...
Cleare’s new bill would codify the Court of Appeals decision in the case of People v. Bay. That 2023 decision established factors that a judge can consider when deciding on prosecutors’ compliance with discovery laws, which govern how and when prosecutors must turn over evidence to the defense. It interpreted the current law to mean that a judge would not be required to automatically dismiss a case due to a discovery mistake if prosecutors exhibited due diligence and good faith in their efforts. ...
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