gasp.
I want to hear what the criminal defense community has to say about this.
Here is the link to the decision.
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I'm a fast-talkin' hell-raisin' son of a bitch, and I'm a sinner and I know how to fight
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That's bad. Is there some way to challenge this in federal court on Constitutional grounds? Yikes.
The link to the case didn't work for me but I found that the cite in Westlaw is Commonwealth v. Durham, 2006 WL 589386. Possibly people w/out Westlaw access can still access the case through the court's site (click "opinions" under "Supreme Judical Court"). Goddamn I hate Westlaw!
Fucking nuts.
Unbelievable. Just unbelievable.
(Oh, and by the way, here's my favorite quote from the article "Under rules of evidence across the country, prosecutors already have to turn over the findings of criminal investigations to defense lawyers." What parts of the across the country are they talking about there?)
It is truly insane. I mean, what are those judges thinking???
The problem is a tempest in a teapot. I am a member of the bar in Mass & one of the states listed in the dissent as having the rule the majority now foists upon the bar. I practice primarily outside of Mass I can count the number of cases on two fingers where I have turned over something under our rule that the the prosecutor herself did not also have access.
Holy friggin' cow. WHAT THE HELL! That's a violation of so many constitutional provisions, laws, statutes and ethics rules that my head is spinning.
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