DISCOVERY RULES IN THE DRUG CASES: DC COURT OF APPEALS: DC DRUG LAWYER

The Court of Appeal in Buchanan v. U.S., decided on August 3, 2017, remanded a Possession with Intent to Distribute (PWID) Marijuana case due to the government’s lack of compliance with the specific scientific discovery requests by defense as deemed to be material on appeal. Specifically, the defendant had requested these documents in preparation for trial from the government pursuant to Rule 16, which provides for discovery of specific information within the government’s control such as: books, papers, documents, photographs, which are material to the preparation of the defendant’s defense. The defense with the assistance of an independent chemist and affidavits supporting their position had requested via discovery the: The standard operating procedures (SOP) of the DEA lab; Validation studies relating to those procedures Maintenance and calibration records for the equipment used by the DEA lab Audit reports on the operations of the DEA la Training…

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