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Criminal Procedure Keyed to Miller
Commonwealth v. Patrick Durham
Citation:843 N.E.2d 1035 (Mass. 2006)
Durham (defendant) requested the names of all of the Commonwealth’s prospective trial witnesses and an opportunity to inspect all evidence that the Commonwealth intended to offer at trial. The judge granted the motion, with the condition that the defendant provides the Commonwealth with the same discovery. The Commonwealth then moved for the disclosure of statements from any prospective witnesses, including witnesses for the Commonwealth, that the defendant intended to offer at trial. The judge granted the motion.
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