Ronald Fox v. Louis Mann, Superintendent, Shawangunk Correctional Facility, and Robert Abrams, Attorney General of New York

CALABRESI, Circuit Judge:

Traditionally, criminal cases have involved at most only very narrow discovery. In the past few decades, however, there has been a distinct expansion of criminal discovery. The Supreme Court has stated that such criminal discovery, though still far narrower than that which occurs in civil cases, “increas[es] the evidence available to both parties, enhances the fairness of the adversary system,” and is in most respects “salutary.” Wardius v. Oregon, 412 U.S. 470, 474, 93 S.Ct. 2208, 2211, 37 L.Ed.2d 82 (1973). The Court has empha sized, however, that “in the absence of…