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Expert Analysis

The Ted Stevens Prosecution — What's The Lesson?: Part 2

Law360, New York (April 5, 2012, 1:20 PM EDT) -- In the Ted Stevens case and other recent state and federal cases, we have seen the damage that discovery errors, particularly intentional failures, can have on a defendant's case. There is only one way to ensure that defendants get the information they need to effectively defend their cases, to limit the exposure of prosecutors to allegations of misconduct for their handling of discovery issues (and criminal prosecution under potential future legislation), and to guarantee fair trials and verdicts that stand up against collateral attack and appeal — full disclosure, which some federal courts and commentators refer to as "open-file" discovery....

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