Civil Procedure Keyed to Cound
Taylor v. Illinois
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Petitioner, Taylor, was convicted of attempted murder, resulting from a street fight in the south side of Chicago in 1981. On the second day of trial, after the prosecution’s two principal witnesses had completed their testimony, defense counsel asked to amend his answer to discovery to include two more witnesses, who had likely seen the “entire incident.” Through examination, it later became evident that defense counsel already knew the identity of the witness and could have introduced it into discovery. As a means of sanctioning defense counsel for precluding this evidence, the trial judge concluded it was not as trustworthy and precluded the witness from testifying. Taylor appealed.
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