People v. Clark

In People v. Clark, 164 Mich App 224, 229; 416 NW2d 390 (1987), the prosecution agreed to supply defense counsel with all medical documentation but failed to supply defense counsel with the results of a rape kit because the prosecution did not have the results of the rape kit until the trial began. The trial court reserved its ruling, allowing defense counsel to speak to the laboratory technician who examined the rape kit samples, and instructing the prosecution to have the technician available for questioning. Id. at 231. Defense counsel chose not to pursue the opportunity. The court granted a continuance to allow defense counsel time to consult with an independent expert; counsel chose not to do so. The Court found that although the discovery agreement had been violated, the remedies fashioned by the trial court were adequate and reversal was not required. Id. at 231-232.