Comment

Insanity Break: The Terms

130
Targetpractice6/18/2012 11:24:59 pm PDT

re: #129 goddamnedfrank

This is the second time that you’ve asserted that the State has an obligation to provide all available exculpatory information in their initial complaint affidavit. I’m not sure how many of these you’ve actually read, but that’s simply not the case. Their requirement in that document is to make their case for probable cause. You seem to be conflating the prosecuting attorney’s disclosure obligations under Brady v Maryland with their initial making of the case that a crime has been committed. Not the same thing at all.

So the state may use half-truths to sway a judge to grant a motion, filed during a hearing that had nothing to do with said motion, leaving the defense no time to respond, and it’s perfectly legal?