NCJ Number
37552
Journal
American Criminal Law Review Volume: 14 Issue: 1 Dated: (SUMMER 1976) Pages: 17-27
Date Published
1976
Length
11 pages
Annotation
THIS ARTICLE DISCUSSES THE POTENTIAL CONTROVERSY CREATED BY THIS DECISION, WHICH REQUIRES THE DEFENSE COUNSEL TO DISCLOSE PRIOR STATEMENTS OF DEFENSE INVESTIGATORS WHEN THEY ARE USED TO IMPREACH GOVERNMENT WITNESSES.
Abstract
THE NOBLES COURT HELD THAT WHEN A DEFENSE INVESTIGATOR TAKES THE STAND TO IMPEACH A GOVERNMENT WITNESS, THE INVESTIGATOR'S REPORTS CONTAINING PRIOR STATEMENTS OF THE IMPEACHED WITNESS MUST BE TURNED OVER TO THE PROSECUTION UPON REQUEST. THIS INTERPRETATION, THE NARROWEST POSSIBLE READING OF THE HOLDING, IS A PARAPHRASE OF THE LOWER COURT ORDER THAT WAS AFFIRMED. THE OPINION'S BROADER IMPLICATIONS, AND THE PRACTICAL AND TACTICAL CONSIDERATIONS THAT CONFRONT THE DEFENSE ATTORNEY, ARE THE SUBJECTS OF THIS ARTICLE. SEE ALSO NCJ-37551. (AUTHOR ABSTRACT)