California Court of Appeal

Order dismissing charges of lewd acts with children brought against defendant is affirmed, where the trial court correctly concluded that: 1) the prosecution's duty to disclose material evidence that is favorable to the defense (the Brady obligation) applies to preliminary hearings; and 2) the prosecution breached that obligation by failing to disclose the 1996 and1999 police reports before the preliminary hearing that showed the witnesses had previously made accusations of molestation that were determined to be unfounded.

Appellate Information

• Decided 03/12/2013
• Published 03/12/2013

Judges

• SIGGINS

Court

• California Court of Appeal

Counsel