http://briefcase8.com/2006/05/15/sanction_dismissal/ Case analysis with an attitude Fri, 10 Feb 2012 12:47:45 +0000 hourly 1 http://wordpress.org/?v=3.2.1 http://briefcase8.com/2006/05/15/sanction_dismissal/comment-page-1/#comment-3 Jim Valentine Fri, 02 Jun 2006 23:05:59 +0000 http://briefcase8.com/2006/05/15/7/#comment-3 This case also shows the foolishness of the prosecutor's office policy of not bringing witnesses to court until day of trial. We cannot even see crucial evidence like this sometimes because the officer has it and won't bring it without a subpoena, and the assistant prosecutors are not allowed to sub him. That is often compounded by the policy some judges have of not accepting reduced pleas on the day of trial. That puts defense lawyers in the position of trying to work out cases withput knowing if witneeses will show or without seeing photos etc. It borders on malpractice, but there is no realistic alternative if a judge won't enforce discovery rules. This case also shows the foolishness of the prosecutor’s office policy of not bringing witnesses to court until day of trial. We cannot even see crucial evidence like this sometimes because the officer has it and won’t bring it without a subpoena, and the assistant prosecutors are not allowed to sub him. That is often compounded by the policy some judges have of not accepting reduced pleas on the day of trial. That puts defense lawyers in the position of trying to work out cases withput knowing if witneeses will show or without seeing photos etc. It borders on malpractice, but there is no realistic alternative if a judge won’t enforce discovery rules.

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