Should Prosecutors Listen to All Inmate Calls?
"The state should not be required to access and review voluminous recordings of jailhouse telephone calls of a defendant or witness to determine if they contain information falling within Brady or the Michael Morton Act."
June 02, 2015 at 01:20 PM
2 minute read
Since 2014, prosecutors have worked under a new criminal discovery law that requires disclosure of more evidence to criminal defense lawyers.
But does the state's disclosure duties under the Michael Morton Act and case law require a district attorney's office to review recorded calls of jail inmates?
Seeking an answer, new Tarrant County Criminal District Attorney Sharen Wilson requested an attorney general opinion regarding how the Morton act and the U.S. Supreme Court's 1963 case Brady v. Maryland would apply to recorded calls.
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