People v. LandersAnnotate this Case
The trial court imposed a $950 sanction on Deputy Public Defender Raju, counsel for Landers in a two-defendant joint criminal trial, for violating a reciprocal discovery order. The court found that Raju failed to disclose to the prosecution the name and statements taken from Fletcher, a witness called by Landers’s co-defendant, Lemalie. Raju argued the sanction order was improper because he never intended to call Fletcher at trial, and in fact did not call her; he contends he relied on a state-of-the evidence defense for Landers, putting on no affirmative defense case and eliciting what he needed through cross-examination of various witnesses, one of whom was Fletcher. The court of appeal reversed. Raju did not violate the reciprocal discovery order. Raju had no general obligation to disclose exculpatory information he expected to come from witnesses called by Lemalie. A “sham cross-examination” theory relied on by the trial court is unsupported by substantial evidence, and as applied here, violates due process.