· 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).
Sourced from CourtListener / Free Law Project (CC0).
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