Criminal
Aug. 11, 2009
Inside Information
Criminal defendants' access to electronically stored information varies from court to court because of the lack of uniform rules, write Maureen Duffy-Lewis and Daniel B. Garrie and Daniel K. Gelb.
FOCUS COLUMN
By Maureen Duffy-Lewis, Daniel B. Garrie and Daniel K. Gelb Conundrum or confusion is no excuse for a defendant's loss of liberty. The courts need to be on alert and criminal lawyers need to beware that the Federal Rules of Criminal Procedure do not afford criminal defendants an established right to access electronically stored information, or ESI, beyond the scope of Federal Rules of Criminal Procedure 16 (for evidence in the custod...
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