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California Criminal Discovery, Fifth Edition

This practical handbook emphasizes methods by which prosecutors and criminal defense attorneys can fully comply with discovery obligations.
Publisher: Matthew Bender
Print Book :1 volume
$250.00
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ISBN: 9781632835888
Publisher: Matthew Bender
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California Criminal Discovery is a necessity for any California practitioner who deals with criminal discovery issues. The new, fifth edition is authored by a currently sitting Court of Appeals justice who is also a former criminal trial judge, former federal prosecutor, and former law school criminal procedure professor.

California Criminal Discovery covers virtually every criminal discovery topic that's likely to confront the courts and the criminal practitioner in a comprehensive, but concise manner. What is more, the new fifth edition contains all of the content of prior editions but in a more user-friendly, practice guide format complete with charts, checklists, tables, and "tips," as well as nearly 100 pages of sample pleadings and forms.

The fifth edition is a single volume organized with an easy-to-use table of contents, logical and detained chapter headings, and a complete topical index. The text includes the following topics:

•Prosecution's duties and rights to acquire evidence
•Prosecution's duties and rights to preserve evidence, including its duty not to lose or destroy evidence
•Prosecution's duties to disclose evidence, including its duties under Brady v. Maryland (1963), the Criminal Discovery Statute, and other statutes
•Defense's rights to acquire evidence
•Defense's rights and duties to preserve evidence, including ethical duties
•Defense's duties to disclose evidence, including under the Criminal Discovery Statute
•The defenses and privileges that preclude discovery as a matter of federal constitutional law, federal statutory law, state constitutional law, and state statutory law, including a discussion of the privileges protecting law enforcement personnel records under Pitchess, official information, and the identity of informants
•Discovery from third parties, through criminal process as well as independent actions under the California Public Records Act
•Review of discovery orders by writ and on appeal, including standards of review
•Discovery in state and federal post-conviction proceedings
•Discovery of electronically stored information

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Table of Contents

Chapter 1: Overview and Organization

Chapter 2: Rights and Duties to Acquire Evidence - Prosecution

Chapter 3: Rights and Duties to Preserve Evidence - Prosecution

Chapter 4: Duties to Disclose Evidence - Prosecution

Chapter 5: Rights and Duties to Acquire Evidence - Defense

Chapter 6: Rights and Duties to Preserve Evidence - Defense

Chapter 7: Rights and Duties to Disclose Evidence - Defense

Chapter 8: Privileges and Defenses to Discovery Generally

Chapter 9: Federal Constitutional Privileges and Defenses

Chapter 10: Federal Statutory Privileges and Defenses

Chapter 11: State Constitutional Privileges and Defenses

Chapter 12: State Statutory Privileges and Defenses

Chapter 13: Third-Party Discovery Methods

Chapter 14: Third-Party Discovery Methods Outside the Criminal Investigation

Chapter 15: Writ and Appellate Review

Chapter 16: Post-verdict Discovery Mechanisms

Appendix of Sample Letters, Pleadings and Forms

Table of Cases

Table of Statutes (and Related Authority)

Index