Criminal Procedure – Discovery of Source Code 

Posted: 1:00 am Mon, March 15, 2010
By admin
Tags: Criminal Procedure

Where defendant moved the court for discovery of the source code for the Intoxilyzer machine used to test him; and defendant submitted no evidence in support of his discovery motion; we conclude that the District Court did not abuse its discretion in denying the motion because defendant failed to make a threshold evidentiary showing that the source code information may relate to his guilt or innocence, negate his guilt, or reduce his culpability, as required by Minn. R. Crim. P. 9.01, subd. 2(3).

Affirmed.