The Interplay Between Constitutional Compulsory Process and The Rules of Discovery.

• Jurisdiction: Maryland

V. The interplay between constitutional compulsory process and the rules of discovery.

A. No constitutional right to discovery

The Compulsory Process clause of the Sixth Amendment embodies trial rights, not pretrial discovery rights. Howard v. State, 232 Md. App. 125, 152 (2017). Thus, the Compulsory Process clause does not establish a right to pre-trial discovery. Id. (citing Goldsmith, 337 Md. at 123-27 (citing Zaal v. State, 326 Md. 54, 67 n.6 (1992)).

B. A discovery violation can result in a sanction of exclusion that impacts a defendant's ability to put on a defense

There is an interplay between the rules of pre-trial discovery and constitutional compulsory process at trial, especially when the defense violates the pre-trial discovery rules.

If the defendant fails to comply with discovery requirements, the trial court...