Document Type
Article
Publication Date
2-5-2007
Abstract
In the Blackfeet tribal Court of Appeals, the Court reviewed whether the defendant’s rights were violated when the lower court sustained an objection by the prosecutor, denying defense counsel’s assertion that he had the right to review evidence prior to trial. In this case, the defendant did not appear for his initial trial setting and his defense counsel withdrew and transferred the case to another attorney. That attorney noticed that none of the discovery evidence was given to him, in the file, and only the underlying warrant was available to him. The Judge ordered a continuance, without motion, so the prosecution may submit the evidence to the defense counsel, pursuant to Discovery Rule Ch. 9, Rule 53. The Defendant filed an Appeal based on the denial of the motion to suppress evidence.
In this case, the Court determines that: discovery was timely filed, it was not transmitted correctly, there was no Motion in file for discovery, Prosecutor turned over discovery to defenders' office without filing with the Clerk of the Court, the lower court determined that allowing extra days for discovery is within his discretion, and neither the prosecutor, defender, nor the judge followed the proper Rules of Procedure regarding discovery.
Blackfeet Tribal Code, Ch.9, Rule 57, addressed Discover stating clearly that the Prosecutor shall permit the Defendant to inspect and copy documents pertaining to Defendant’s prosecution, at Defendant’s request. Failure of Prosecution to transmit these files does not warrant a 5-day extension.
Due to improper procedure on behalf of the lower court and prosecutor, the Court granted the defendant’s motion to suppress all evidence pertaining to this case.
Recommended Citation
Tribe v. Wippert, 06-AP-11 (Blkft. Tr. Ct. App., Feb. 5, 2007)
