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GIAC-Forensic Licensing Exam Review 100% Solved

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Joseph Buffey - ANSWER Pleaded guilty since he had a time-limited plea bargain and was not disclosed the results of a DNA kit on time which excluded him Pamela Fish - ANSWER Forensic analyst from Illinois who's bench notes did not match her testimony San Diego PD/ Dominguez - ANSWER Protocol change was not disclosed; mixture on interpretation and statistics Sonja Farak - ANSWER Massachusetts state criminal lab analyst; was cooking and smoking crack 10x per day; about 18000 cases were affected. Brady v. Maryland - ANSWER The court ruled that the prosecution must share any evidence that is favorable to the defense; Had been found guilty of 1st degree murder and was sentenced to death; He admitted to participating in the crime but claimed that he did not do the actual killing; Defense had not received the confession; had been suppressed by prosecution; Trial right that if broken violates due process; Evidence that falls under this must be exculpatory and material Article 39.14 - ANSWER Part of the Texas Code of Criminal Procedure; State shall produce and permit inspection/duplication/copying by defense of any offense reports or other tangible things... basically everything; Disclosure of name/addresses of each person used at trial to present evidence under Rules 702, 703, and 705 must be done 30 days before jury selection is to begin or a trial without jury; If only a portion of a document is disclosable, the rest of the document is not required to be produced; the justification of this can be proved through a court hearing; Pro se defendant means that the state permits for this person to inspect and review documents/information/items but is not required to allow duplication; the stat shall disclose to the defendant ANY exculpatory, impeaching, or mitigating document/item/information in the possession of the state that tends to negate the guilt of the defendant or would tend to reduce the punishment for the offense charged Rules 3.09(d) and Rules 3.04(a) - ANSWER rules violated if prosecutor fails to disclose favorable information Rule 3.09 (d) - ANSWER Prosecutor in a criminal case has to timely disclose to the defense all evidence or information known to the prosecutor that tends to negate the guilt of the accused or mitigates the offense Rule 3.04 (a) - ANSWER A lawyer shall not unlawfully obstruct another party's access to evidence or destroy/alter/conceal evidence in anticipation of a dispute US v. Stifel - ANSWER Illustrates the dangers of restrictive discovery; failure to disclose exculpatory evidence; This person was charged with sending a bomb through the mail and killed a person after delivery; Rule 705 - ANSWER The expert may testify in terms of opinion or inference and give his/her reasons therefore after disclosure of the underlying facts or data. The disclosure may be in response to a hypothetical question or otherwise. Rule 26(b)(4) - ANSWER Provides for substantial discovery? Williams v. Florida - ANSWER constitutionality of prosecution discovery; defendant argued that the statute violated the self-incrimination clause; court found the statute didn't amount to "compulsion" within the meaning of the Fifth amendment Binegar v. Eighth Judicial District Court - ANSWER "Accelerated" discovery rationale applies to prosecution discovery of forensic reports that the defense intends to introduce at trial but not to reports prepared by experts who will not be witnesses Self-Incrimination C

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