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Main/All Right, People, Let's Update Those Motions to Compel Grand Jury Notes/c000018

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All good questions. I think it helps if you can generally highlight things in the police reports that you believe would be likely areas of inconsistency. Obviously, this is less of a concern when you renew the motion after the witness has testified. But your pre-trial motion will want to note version A to the police, version B in the CARES, version C to a 3rd person.

And yes, you might have to call the Grand Juror as a witness, which creates a variety of timing and procedural headaches, but is not invariably insurmountable. Plus, if you received GJ notes with Brady material mid-trial, and you had no choice but to request a setover in order to subpoena the juror, the judge is really in a rock and a hard place. After one or two such experiences, the judge may be more inclined to order the notes turned over well before trial.

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