U.S. v. Garlick, 61 M.J. 346

Core Criminal Law Subjects: Evidence: Search and Seizure › Generally

1. any error in failing to disclose to the accused information about factual inaccuracies in a search warrant affidavit of an FBI special agent who conducted a child pornography investigation which led to the charges against the accused was harmless beyond a reasonable doubt, where the government’s undisclosed information was within the accused’s knowledge well before trial; even after being formally notified after trial of a disclosure error, and obtaining a delay to consider legal options, accused’s counsel declined to litigate the issue or advocate its importance to the convening authority in her RCM 1105 submission

Trial Stages: Pretrial: Discovery

1. under RCM 701(d), trial counsel are under a continuing duty to disclose discoverable information to the defense

Trial Stages: Appeals: Harmless / Prejudicial Error

1. any error in failing to disclose to the accused information about factual inaccuracies in a search warrant affidavit of an FBI special agent who conducted a child pornography investigation which led to the charges against the accused was harmless beyond a reasonable doubt, where the government’s undisclosed information was within the accused’s knowledge well before trial; even after being formally notified after trial of a disclosure error, and obtaining a delay to consider legal options, accused’s counsel declined to litigate the issue or advocate its importance to the convening authority in her RCM 1105 submission