U.S. v. Williams, 50 M.J. 436

First Principles: Constitutional Matters: Due Process

1. RCM 701 implements due process requirement that prosecution must disclose “as soon as practicable” information that is material to the issue of guilt or sentence

Military Justice Personnel: Defense Function: Responsibilities

1. to fulfill discovery responsibilities, the trial counsel is not required to review records that are not directly related to the investigation and prosecution of the case being tried, absent a specific defense request identifying the entity, the type of records, and the type of information

Trial Stages: Pretrial: Discovery

1. through Article 46, RCM 701, and case law, military discovery practice ensures the defense equal access to evidence, designed to be broader than discovery procedures in civilian life, but which provide, at a minimum, the rights available in federal civilian proceedings
2. as a general matter, evidence that could be used to impeach a prosecution witness is subject to discovery
3. parameters of the files that prosecution must review for exculpatory material include the prosecution’s own case file; beyond that the due diligence requirement extends to law enforcement files pertaining to the subject matter of the charges, investigative files in a related case maintained by an agency closely aligned with the prosecution, and other files held by a specific entity designated in a defense discovery request for a specific type of information
4. where the prosecution has no duty to review military police files pertaining to an unrelated case, the failure to review unit commander files, assuming them to be similar to police files, is not error where those files concern the same unrelated case
5. a burden rests upon trial counsel to review prosecution’s own files and those of investigative agencies acting on behalf of the prosecution in the same case without requiring great specificity in a defense discovery request
6. as to files not related to the investigation of the case being tried, a defense discovery request must provide a reasonable degree of specificity as to the entities, the types of records, and the types of information that are the subject of the discovery request
7. to fulfill its discovery responsibilities, the prosecution is not required to review records that are not directly related to the investigation and prosecution of the case being tried, absent a specific defense request identifying the entity, the type of records, and the type of information
8. if information favorable to the defense is impermissibly withheld, the test for prejudicial error is whether there is a reasonable probability of a different result had that evidence been disclosed to the defense

Trial Stages: Appeals: Standards of Review, Burdens, etc.

1. if information favorable to the defense is impermissibly withheld, the test for prejudicial error is whether there is a reasonable probability of a different result had that evidence been disclosed to the defense