Government erred in not producing statements to defense: GRANT V. COM. (SC 1/24/2008)

GRANT V. COM.
CRIMINAL:  GOVERNMENT DUTY TO PRODUCE EVIDENCE
2005-SC-000853-MR.pdf
PUBLISHED: VACATING AND REMANDING
OPINION: BY LAMBERT
DATE RENDERED: 01/24/2008

SC reversed and remanded Defendant’s convictions for manufacturing methamphetamine while in possession of a firearm and possession of a controlled substance (methamphetamine) while in possession of a firearm. The Commonwealth’s failure to provide in discovery a copy of a recorded telephone call Grant placed from the jail was reversible error. While the Commonwealth learned of the recording during trial, it did not inform the Defendant of its existence until after Defendant had concluded his case and testified on his own behalf.

SCOTT C. BYRD