Overview of defense requests:
- Documents and tangible objects. RCM 701(a)(2)(A).
- Where the defense makes a specific discovery request and the government fails to disclose that evidence, or where there is prosecutorial misconduct, the standard of review is harmless beyond a reasonable doubt.
- “Where an appellant demonstrates that the Government failed to disclose discoverable evidence in response to a specific request or as a result of prosecutorial misconduct, the appellant will be entitled to relief unless the Government can show that nondisclosure was harmless beyond a reasonable doubt.”
United States v. Roberts
, 59 M.J. 323 (C.A.A.F. 2004).
See also United States v. Green
, 37 M.J. 88, 90 (C.M.A. 1993) (Wiss, J., concurring);
United States v. Stone
, 37 M.J. 558 (A.C.M.R. 1993) (finding nondisclosure harmless beyond a reasonable doubt).
- For more, see the RCM 701(a)(2) discussion in section IV above.
- Reports. RCM 701(a)(2)(B)
- Sentencing materials and witnesses. RCM 701(a)(5):
- Notice of uncharged misconduct (reasonable notice in advance of trial). MRE 404(b).
- Statements by a witness that has testified (after testimony). RCM 914.
- A witness, not the accused, testifies. Upon a motion by the party who did not call the witness, the judge shall order disclosure of any “statement” by the witness that relates to the subject of his testimony.
- RCM 914 is a counterpart to the Jencks Act, 18 U.S.C. § 3500.
- For more, see the RCM 914 in section IV above.
- Writings used to refresh memory (while testifying, or before testifying if the judge determines it is necessary in the interest of justice). MRE 612.