Does State Commit a Discovery Violation When Evidence Does Not Exist?
By Anisa Jordan & Victoria Buchholz
Traffic Laws and Courts,
May 2021
People v. Althoff discusses whether a discovery violation occurs when the state fails to produce evidence requested by the defendant that normally would exist in the context of a DUI investigation but, for whatever reason, does not exist.
Spot an error in your article? Contact Celeste Niemann at cniemann@isba.org. For information on obtaining a copy of an article, visit the ISBA Newsletters page.
Select a Different Author