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Perspective

Sep. 23, 2010

Post-Conviction Discovery Rules Change for the Worse

The state Supreme Court has essentially neutered California's post-conviction discovery statute, by Maurice Possley and Kathleen Ridolfi of the Northern California Innocence Project.

By Maurice Possley and Kathleen "Cookie" Ridolfi

"(W)e are left with the nagging concern that material favorable to the defense may never emerge from secret government files."

-United States v. Oxman, 740 F.2d 1298, 1310 (3d Cir. 1984), vacated sub nom. United States v. Plfaumer, 473 U.S. 922 (1985)

Nearly 50 years after the U.S. Supreme Court decided Brady v. M...

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