Flashcards Studio

In a preliminary investigation for homicide, the investigating prosecutor initially relies on eyewitness testimony and circumstantial evidence pointing to A as the killer. A newly obtained CCTV footage from a nearby establishment shows a person other than A at the scene at the relevant time, and this footage was not presented or considered during the initial investigation. Counsel for A files a Motion for Reinvestigation with the same investigating prosecutor, arguing that material evidence was suppressed and that there was misapprehension of the evidentiary record. The prosecutor denies the motion, and the case proceeds toward the filing of information. (a) Identify the doctrine governing a Motion for Reinvestigation and the grounds on which it may be granted. (b) Distinguish reinvestigation from other post-investigation remedies (e.g., appeal, petition for certiorari, or a motion for reconsideration of the investigating prosecutor’s action). (c) Apply the doctrine to the facts: should reinvestigation be granted given the newly discovered CCTV evidence and the claim of suppression; explain why or why not, referring to the controlling rule and its limits, and state the possible outcomes if reinvestigation is granted.