Proposed Rules Archives

CrR 4.7 - Discovery


GR 9 COVER SHEET

Suggested Amendment to Criminal Rule CrR 4.7 Discovery

Date:   June 5, 2018

Proponent:   Washington Association of Criminal Defense Lawyers
1511 Third Ave., Suite 503
Seattle, WA 98101
Ph. (206) 623-1302
Fax. (206)623-4257

Spokesperson:   Kent Underwood, WACDL Court Rules Committee Co-chair

Purpose:   The purposes of these amendments are (1) to create CrR 4.7(a)(2)(iv), requiring the prosecuting attorney to provide all eyewitness identification procedures to the defense; (2) amend CrR 4.7(a)(3) and (4) to bring the rule into accord with Brady v. Maryland, 373 U.S. 83, 83 S. Ct. 1194, 10 L. Ed. 2d 215 (1963), and its progeny; and (3) to amend CrR 4.7(h)(3) to permit defense counsel to provide properly redacted discovery to defendants.

Public Hearing:   Not Requested.

Expedited Consideration:   WACDL requests expedited consideration under GR 9(e)(2)(E) because conflict in case law is an exceptional circumstance that justifies expedited consideration, specifically as relates to CrR 4.7(a)(4).
 

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