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Section 54-86b – Right of accused to examine statements

May 11, 2021 | Connecticut, Criminal Procedure

(a) In any criminal prosecution, after a witness called by the prosecution has testified on direct examination, the court shall on motion of the defendant order the prosecution to produce any statement oral or written of the witness in the possession of the prosecution which relates to the subject matter as to which the witness has testified, and the court shall order said statement to be delivered directly to the defendant for his examination and use.
(b) If the prosecution fails to comply with the order of the court, the court shall strike from the record the testimony of the witness and the trial shall proceed unless the court in its discretion shall determine that the interests of justice require that a mistrial be declared.

Conn. Gen. Stat. ยง 54-86b

(1969, P.A. 680.)

Cited. 159 Conn. 264. Held unconstitutional, but assuming constitutional, procedure found to comply. 166 Conn. 593. Cited. 200 Conn. 323; 202 C. 259; 211 Conn. 555. Destruction of tapes discussed. 214 C. 161. Cited. 215 C. 257; 221 C. 300; 223 C. 731; 227 C. 641; 229 Conn. 716; 231 C. 195. Cited 10 Conn.App. 103. Destruction of tapes held to be in bad faith; burden on state to show defendant not prejudiced. 14 CA 108. Cited. 20 CA 586; 25 CA 255; Id., 503; 29 CA 68; judgment reversed, see 227 C. 566; Id., 304; Id., 455; 32 CA 483; 46 CA 118; Id., 545. Cited. 42 Conn.Supp. 10; Id., 291.