Discovery is prior to trial, not prior to a preliminary hearing. It sounds like the diagram was in the accident report, so that's something that the state should have had anyway.
As far as objecting to the witness, O'Connell must have thought he had things under control. Or he must have thought the witness would have put the state in a worse position. I can't tell you whether the state had a strong hand and blew it or whether they failed to make a purse out of a sow's ear. Time should tell. Either the case will be re-filed or the police reports will become open records. On Thu, Jan 28, 2016 at 7:29 PM Paul T. O'Leary via Bikies < [email protected]> wrote: > So Giesen introduces a diagram that O'Connell hadn't seen yet; isn't that > unfair surprise? Or shouldn't that have come up in discovery? > > And if the _absence_ of Maloney's testimony contributed to dismissing the > charges, why did O'Connell object to him testifying? Seems like kind of a > bonehead move on his part. > > > On 2016/01/28 12:46, Robert F. Nagel via Bikies wrote: > > I don't know anything more about it than what was in the newspaper > article. You could get a transcript of the preliminary hearing or ask the > DA's office why probable cause was not found or what they plan to do going > forward. There is not a bar to refiling charges dismissed at this stage. > On Thu, Jan 28, 2016 at 12:06 PM via Bikies <[email protected]> > wrote: > >> >> I am not a lawyer, but WTF? >> >> How is it legal to run over bicyclists? >> >> Quoting "Robert F. Nagel via Bikies" <[email protected]>: >> >> > >> http://host.madison.com/wsj/news/local/crime-and-courts/charges-dismissed-against-driver-accused-of-hitting-cyclists/article_ec8a1049-620a-592c-b713-fba3d57465c2.html >> >> >> -- >> darin burleigh >> > > > -- > Paul T. O'Leary > Chronic Nuisance > Madison, WI USA > > _______________________________________________ > Bikies mailing list > [email protected] > http://lists.danenet.org/listinfo.cgi/bikies-danenet.org >
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