What is a Teal Motion?

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whisper
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What is a Teal Motion?

Post by whisper » Sat Nov 20, 2004 9:11 pm

Defense Does Not Have to Divulge Subpoenaed Materials to Prosecution.
Case:Teal v. Superior Court, no. D043340 (Cal.Ct.App. (4th Dist., Div. 1), Apr. 2, 2004)
Proceeding: Petition for writ of mandate from order denying defense request for subpoena of materials relating to a witness and ordering defense to divulge material obtain from subpoena granted.

Holding: (1) "[T]rial court abused its discretion in ordering defense counsel to provide the subpoenaed materials to the prosecution and that the error impinged upon Teal's constitutional rights." (If defense were to use the material at trial, it would then have to comply with reciprocal discovery provisions of section 1054, et. seq. (2) Although personnel records of motel security guard were not discoverable, name, address and telephone number of the security guard should have been disclosed to the defense, if found in material produced by prosecution.

Source: http://www.crimblawg.com/discovery/

Tabloid Junkie
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What is a Teal Motion?

Post by Tabloid Junkie » Thu Dec 23, 2004 12:41 pm

Can you explain that in an easier way?

dangerous
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What is a Teal Motion?

Post by dangerous » Thu Dec 23, 2004 1:58 pm

a teal motion is when the defense can subpeona witness' or material without having to notify the prosecution of who or what they are calling, it also disallows subpeonad witnesses from notifying the prosecution. Its a way to build defense stragedy without the proseuctions knowledge.
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Tabloid Junkie
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What is a Teal Motion?

Post by Tabloid Junkie » Thu Dec 23, 2004 3:04 pm

Thanks! Thats what i needed to know!

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