A District Attorney’s Failure to Turn over a Tape to the Defense Results in a Murder Conviction Being Overturned

By: Wallin & Klarich

A defendant was found guilty of beating his elderly grandfather to death in 2005. The defendant was sentenced to prison for life. A California Court of Appeal has reversed his conviction and granted him a new trial on the basis that the prosecution failed to turn over a tape recording made of the defendant when he was arrested.

It appears that the defendant’s trial lawyer did not seek discovery of this tape. The court of appeals held that the DA’s office had an obligation to turn the tape over to the defendant even absent a formal request. The defendant’s appellate lawyer successfully convinced the court of appeal that if the jury had heard this tape recording it could have resulted in a different verdict.

The lawyer that you hire to defend you has to aggressively seek all possible discoveries from the prosecution. You need a law firm like Wallin & Klarich on your side that has tremendous experience in filing all necessary motions. Our firm will make sure all the evidence is received from the prosecution to allow us to properly defend you. If you would like a consultation with an experienced Wallin & Klarich lawyer contact us at 888-280-6839. We can make the difference between jail and freedom.

Posted In: Criminal Appeals