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· 3/16/2022

Malcolm Muhammad v. L. Fleming

Citations

  • 29 F.4th 161

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • recognizing that while prosecution has duty to disclose exculpatory information in its or its agents’ possession, duty does not require making “defense-directed inquiries of independent witnesses, including complainants”
  • vacating Superior Court order directing prosecutor to question complainant regarding mental health treatment
  • excluding complainants and independent witnesses unaffiliated with investigation from prosecution team
  • although a prosecutor “cannot inhibit access to a witness ... [a] prosecutor has no duty to help the defendant generate information from an independent witness”
  • prosecutors’ duty to disclose extends to information in their possession or in possession of persons subject to their control
  • prosecutor under no duty to seek and disclose information relating to rape complainant’s mental health treatment

Source: CourtListener parenthetical corpus (CC0).

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.