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In re Di Joseph

Supreme Court of Pennsylvania

145 A.2d 187 (1958)

Relevant factsFree

Di Joseph (defendant), charged with murder, moved for and obtained a trial court order permitting inspection of certain prosecution evidence before trial, a decision the appellate court affirmed reasoning the prosecution's refusal to allow inspection would have deprived Di Joseph of Fourteenth Amendment due process protections; the Commonwealth (plaintiff) petitioned the state supreme court for review, and Pennsylvania law generally vested the trial court with discretion over whether to permit such pretrial inspection.

IssueFree

Whether a criminal defendant has an absolute right to inspect prosecution evidence prior to trial.

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