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Ken is a NJ trial attorney who has published 130 articles in national and New Jersey publications on litigation topics. He has been selected to write the new ABA book: DUI and Drug Possession Defense".

Sunday, September 25, 2016

No automatic right to discovery of other files State v. Hernandez 225 NJ 451 (2016)

No automatic right to discovery of other files
State v. Hernandez 225 NJ 451 (2016)

Although the discovery rule generally requires that the State provide all evidence relevant to the defense of criminal charges, it does not open the door to foraging through files of other cases in search of relevant evidence. The discovery ordered by the trial court and  Appellate Division exceeds the limits of Rule 3:13-3(b) and is not supported by this Court’s jurisprudence.