- Category: Discovery
- Created on 12 July 2010
- Last Updated on 17 March 2014
- Written by Fred M. Kray
- Hits: 1646
Based on Mansour v. King, due process may require that the owner of a dangerous dog be able to propound discovery. There may be a question about the cause of death, the identity of dog based on bite marks or, under the appropriate statutory scheme, the temperment of the dog. The government may be prepared to call an expert witness on one of these issues, and, if so, there is a valid argument that discovery of the government's case in that regard, both in terms of documentary evidence and deposition. In the event you are denied such discovery, that, in itself, may be a denial of due process and grounds for appeal and reversal.
In my opinion, you have to make a demand for discovery which is relevant to your defense and make a proffer of what information you need and how it is crucial to your case before you can take advantage of the Mansour opinion.