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F 2.28 n1 Improper To Refer To The Prosecution as “The People.”
Reference to the prosecution as “The People” may implicate the defendant’s state and federal constitutional rights to due process and fair trial by jury. (See FORECITE F 0.50d.) Any reference to “The People” should be changed to “The Prosecution.”
F 2.28 n2 Improper To Penalize Defendant For Counsel’s Discovery Violation.
See FORECITE F 306 Note 1.
F 2.28 n3 Constitutional Challenge To Instruction Penalizing Defendant For Discovery Violation.
See FORECITE F 306 Note 2.
Failure To Provide Discovery Is Not
Alone Sufficient To Convict
See FORECITE F 306 Inst 3.