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Originally Posted by Sil_liS
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I'm failing to see in that where it says that all evidence and all testimony must be given to the judge before the trial. In appeals, it is true that the evidence is presented in the appeals documents but that isn't the case in the initial trial. Yes, you do have discovery. In criminal cases, the prosecutor is obligated to turn over any evidence that might point to the innocence of the defendant, however the defense is under no such obligation.