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Brady Violation

86 published works

  1. 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…

  2. 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…

  3. 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…

  4. 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…

  5. 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…

  6. Legal Profession Blog

    The Brady Bunch Of Non-Harmless Errors

    By Michael Frisch

    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…

  7. 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…

  8. 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…

  9. Paul W. Mollica Federal Courts Blog

    Ninth Circuit Holds That It Had Jurisdiction Under Collateral-Order Doctrine to Review Sanction Against U.S. Attorney

    By Paul W. Mollica

    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…

  10. Legal Profession Blog

    Crime App

    By Michael Frisch

    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…