CRIMINAL DISCOVERY: CROSS V. COM. (COA 4/27/2007)

CROSS V. COM.
CRIMINAL:  Speedy trial; Discovery
2005-CA-001796
PUBLISHED: AFFIRMING; KELLER
DATE RENDERED: 4/27/2007

Utilizing Barker v. Wingo, 407 U.S. 514, 92 S.Ct. 2182, 33 L.Ed.2d 101 (1972), CA held Cross’s right to a speedy trial was not violated.  Based on RCr 7.24, CA held that it was error for the Commonwealth to fail to disclose that Officer had test fired the gun and the results of that test.  However, Cross failed to demonstrate how discovery violation prejudiced his defense; therefore, no error.  Finally, TC did not abuse its discretion in striking potential jurors.

Digested by Scott Byrd
http://www.OlginandByrd.com

Please note: I reserve the right to delete comments that are inappropriate, offensive or off-topic.

Leave a Reply

Your email address will not be published.