Q: Is it material the prosecution had victim testify to prior bad acts but omitted police report was made.
It wasn't til a couple years later that I realized DA in my dom A&B trial had left out the fact there was reports made and not only did victim testify the incident wasnt reported to police her version slightly changed to match what she alleges I did to her this recent time And...the reporting officer states she was clearly intoxicated, passed out, and couldn't remember what happened, no visible injuries, and stated she didn't want her BF to go to jail. The other past incident her report states she says she was pushed out the house and no injuries. At trial she said she was pulled by her hair, grabbed by her throat, and dragged outside.
Now I have current stalking charges from same victim and DA filed a statement of facts Burks notice using that same first past story and states it was never reported to police. Is that a Brady violation or just unethical practice or misconduct?
A: It could be all of the above or none of the above. The answer comes down to the specific details of the case. You need to sit down with your attorney to discuss your past cases and well as your newest case. Maybe there is something that happened in the past that can help you now.
Gary Johnston Dean agrees with this answer
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