Q: How would I present this to a judge is there a legal statue that can be addressed?
Also, doe the motion of discovery have to be granted before this comes in affect? What is the correct procedure
A) motion of discovery
B) motion of discovery granted
Or is a simple m.o.d. enough?
On same day a PUBLIC DEFENDER ASSIGNED.....and a few days later a MOTION FOR APPOINTMENT OF CONFLICT COUNSEL arises....does the motion for discovery start over with new council
A: The time period for the State to comply with discovery obligations begins when the original demand is filed, regardless of a new attorney being appointed.
A: The proper form is "Notice of Intent to Participate in Discovery, Rule 3.220". The judge doesn't have to grant it, as its a Notice not a Motion. Filing the Notice triggers responsibilities on each of the parties (State and Defense). A lawyer will know how to deal with the details.
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