Topic
Brady Violation
86 published works
EvidenceProf Blog
Will a Brady Violation Derail the Prosecution of a Police Officer in Connection With the Uvalde School Shooting?
By Colin Miller
Pursuant to the Brady doctrine, the State has an affirmative obligation under the Due Process Clause to timely disclose material exculpatory evidence to the defense. Usually, Brady violations come to…
EvidenceProf Blog
Court of Appeals of Oregon Finds Brady Violation Based on Trial Court Preventing Defense From Accessing Deputy’s Disciplinary File
By Colin Miller
Pursuant to Brady v. Maryland, 373 U.S. 83 (1963), the State has an affirmative duty, under the Due Process Clause, to disclose material exculpatory evidence to the defense. Usually, the…
EvidenceProf Blog
Tia Johnson Moves to Dismiss Her Murder Conviction, Claiming a Brady Violation Because the State Failed to Disclose Record of 911 Call She Made
By Colin Miller
Pursuant to the Brady doctrine, the State has an affirmative duty under the Due Process Clause to disclose material exculpatory evidence to the defense. Evidence is material and exculpatory when…
EvidenceProf Blog
My First Take on the Decision to Withdraw the Motion to Vacate in the Adnan Syed Case
By Colin Miller
Yesterday, Baltimore City State's Attorney Ivan Bates moved to withdraw the Motion to Vacate in the Adnan Syed case. There are two parts of the motion to withdraw: (1) the…
EvidenceProf Blog
The Juvenile Restoration Act Hearing and the Motion to Vacate in the Adnan Syed Case Will Both Be in Play This Week
By Colin Miller
This will be the biggest week for the Adnan Syed case in a long time. On Wednesday, Adnan will have his Juvenile Restoration Act hearing, and Baltimore City State's Attorney…
Legal Profession Blog
The Brady Bunch Of Non-Harmless Errors
The Kansas Court of Appeals has reversed a rape conviction due to a Brady violation and closing argument expressions of personal opinionAs already discussed, following the second day of evidence…
EvidenceProf Blog
Case Against Men Accused of Shooting at FedEx Driver Features Rare Dismissal Due to Brady Violation
By Colin Miller
According to a Mississippi Free Press article, A Lincoln County judge on Monday dismissed all charges against two white men who prosecutors accused of shooting at D’Monterrio Gibson, a Black FedEx…
EvidenceProf Blog
Supreme Court of Maryland Remands Adnan Syed’s Case for a New Hearing in a 4-3 Ruling
By Colin Miller
In a ruling that is 187 pages and has 2 dissents, the Supreme Court of Maryland remanded the Adnan Syed Case to Circuit court for a re-do of the Motion…
Paul W. Mollica Federal Courts Blog
Ninth Circuit Holds That It Had Jurisdiction Under Collateral-Order Doctrine to Review Sanction Against U.S. Attorney
In United States v. Cloud, No. 22-30044 (9th Cir. May 21, 2024), the Ninth Circuit holds that even before entry of a conviction against the criminal defendant, the United States…
Legal Profession Blog
Crime App
Dan Trevas summarizes an Ohio Supreme Court decision reinstating a robbery conviction and rejecting a Brady claimThe Supreme Court of Ohio today affirmed the robbery convictions of a Cincinnati man who posted a used…