S. Ct. Crim. No. 2011-0041

In an appeal from an opinion and order in a criminal case involving the disclosure doctrines established in Brady v. Maryland, 373 U.S. 83 (1963), and the barring of witnesses at retrial of the case against the defendant, since a prosecutor is only obligated to disclose material that is not already in the possession of the defense, or which the defense cannot obtain through reasonable investigation, the People did not violate the requirements of the Brady decision when it failed to disclose the information outlined in a prior opinion of the Superior Court in this case. Likewise, even if the People possessed a duty to disclose the materials discussed in the opinion and order which is the subject of the present appeal, the People's non-disclosures did not violate obligations under Brady and Giglio v. United States, 405 U.S. 150 (1972), because the Superior Court failed to establish deadlines for disclosure of such materials and, in fact, had still not scheduled defendant's third trial. Accordingly, the Superior Court's May 26, 2011 opinion and order is reversed and the matter is remanded for further proceedings consistent with this opinion.