If information is acquired by a prosecutor that is potentially exculpatory but misplaced, what should a defense attorney do, and what (beyond admonishment) would a judge ordinarily do?


Try to go back to the source of the information, which you indicate was subpoenaed, to see if they have a copy and might be willing to re-send it.

  • If they didn't, let's say, acquire just a copy, I'm wondering what a good defense attorney might do. – John Sep 2 '16 at 5:01
  • Probably try for adverse inference, but it depends on how convincingly the defense attorney can argue the evidence would likely have been exculpatory. – Burned Sep 2 '16 at 12:16

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