Quote:
Originally Posted by Paul Markham
Judges are changing the goal posts. If a prosecutor can show the safe harbor is not as tight as the defense claims. They can be asked to prove it. Once the defense evades the question, destroys evidence it's very much case over.
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did you even read the ruling
destroying evidence in a discovery has always been illegal/sactionable
your trying to argue that they can it changed by adding the ability to just ask for proof.
The burden of proof is not on the defendants side, they can claim they were unaware until the procecution/complaintant finds the proof.
nothing has changed paul no matter how much you want it too.