(Download) "Moreno v. Commonwealth" by Virginia Court of Appeals # Book PDF Kindle ePub Free
eBook details
- Title: Moreno v. Commonwealth
- Author : Virginia Court of Appeals
- Release Date : January 29, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
Jorge Samuel Moreno appeals his conviction for possession of cocaine with intent to distribute in violation of Code § 18.2-248 for which he received a twenty year penitentiary sentence and a $30,000 fine. Despite a discovery order to provide Moreno with exculpatory evidence under Brady v. Maryland, 373 U.S. 83 (1963), the Commonwealth did not provide to him until mid-trial evidence which tended to impeach one of the Commonwealths primary witnesses, who until then had been a confidential informant. The Commonwealth concedes that the impeachment evidence, consisting of the informants criminal record and an informants agreement to aid the police, is exculpatory and therefore was discoverable under Brady. Moreno argues that the late disclosure was prejudicial because it prevented him from having an opportunity to investigate effectively other available evidence with which to impeach the witness. Moreno contends that he was unable to ameliorate the prejudice occasioned by late disclosure despite the trial courts granting a continuance, and that under the circumstances, the trial court erred by not excluding the testimony of the confidential informant. Alternatively, he contends that even if actual prejudice was not demonstrated, where the Commonwealth has failed to show clearly that the delay was in good faith, late disclosure should be deemed per se prejudicial.