2015-IPG#10 (New Discovery Cases: Lewis and Facebook)

This edition of IPG covers two new discovery cases: People v. Lewis 2015 WL 5247046 and Facebook Inc., v. Superior Court 2015 WL 5244640. However, the accompanying podcast, focuses solely on the Lewis case, which deals with the question of a prosecutor’s constitutional (and, at least in dicta, statutory) discovery obligations when it comes to information relating to the arrest and charging of a non-testifying peace officer witness. Our guest on the podcast is Doug MacMaster, a recognized expert in discovery matters and, coincidentally, one of the prosecutors notably but anonymously mentioned in the Lewis case. The Facebook case addresses whether a criminal defendant is entitled to subpoena and obtain electronic information from entities such as Facebook, Instagram, and Twitter pre-trial. Listening to the podcast provides ides 36 minutes of self-study ethics MCLE credit. Guest: Contra Costa County Assistant District Attorney Doug MacMaster.