Stephens probably knew Nifong would hold back, but he just wants to make the defense work for it and/or felt that they should at least review the discovery before asking him to grant such a motion. Well, the defense has reviewed the discovery, and it is clearly wanting. If Stephens denies the motion again, he jeopardizes the entire case and runs the risk of having the decision overturned under the Equal Protection clause of the Fourteenth Amendment right away. A state cannot make a law and then selectively apply it, and that's what Nifong is doing in this case. The Open Discovery law is not being fully applied if Stephens denies the Motion. The open question is whether or not Stephens will allow it to go on. I think he'll cover his own butt and grant the Motion.
That's my guess. This has to be somewhat embarassing for the judge, since he basically vouched for Nifong's character.
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So the defense is waiting for:
1. The first two lineup transcripts.
2. The complete notes from the initial police encounters.
3. Evidence from the cell phone seized in March.
4. The missing portions of the SANE exam.
5. Notes (if any) from the detox center prior to going to Duke Medical Center.
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Anything else?