Topic
Brady Violation
86 published works
EvidenceProf Blog
Undisclosed Mega-Update Thread 13
By Colin Miller
Yesterday, prosecutors dropped murder charges against Jeff Titus in connection with the deaths of Doug Estes and Jim Bennett. Now, Titus has been completely cleared of any wrongdoing in the…
Criminal
Three Justices dissent from denial of cert in Louisiana capital case based on <em>Brady</em> issue
The Supreme Court issued this morning another order list with no new grants of certiorari and lots of cert denials. One of those cert denials, in the Louisiana capital case…
Grand Jury Target
Judges Should Stop Letting DOJ Get Away With Brady Violations
By Sara Kropf If the Department of Justice has accused someone of a crime, it’s no surprise that he can’t say, “aw, ya got me,” and walk away from the…
EvidenceProf Blog
Sixth Circuit Finds No Brady Violation in Murder Appeal Despite State’s Failure to Disclose That Its Key Eyewitness Said Defendant Was NOT the Shooter on Night of Shooting
By Colin Miller
Pursuant to Brady v. Maryland, the prosecution has an affirmative obligation under the Due Process Clause to timely disclose material exculpatory evidence to the defense. So, in a murder/shooting case…
EvidenceProf Blog
Supreme Court of Georgia Finds Brady Violation in Malice Murder Trial
By Colin Miller
Pursuant to Brady v. Maryland, the State has an affirmative obligation, under the Due Process Clause, to timely disclose material exculpatory evidence to the defense. Brady covers not only substantive…
Philadelphia Criminal Defense Blog
Third Circuit Court of Appeals: Brady Violation Does Not Bar Re-Trial in Federal Court
Philadelphia Criminal Defense Lawyer Zak Goldstein The Third Circuit Court of Appeals has decided the case of United States v. Brown, holding that the Double Jeopardy Clause of the United States Constitution…
Sentencing Law and Policy
"Qualifying Prosecutorial Immunity Through <em>Brady</em> Claims"
The title of this post is the title of this notable new paper now available via SSRN and authored by Brian Murray, Paul Heaton and Jon Gould. Here is its…
Criminal
“Qualifying Prosecutorial Immunity Through <em>Brady</em> Claims”
The title of this post is the title of this notable new paper now available via SSRN and authored by Brian Murray, Paul Heaton and Jon Gould. Here is its…
Grand Jury Target
SDNY Judge (Finally) Holds Prosecutors’ Feet to the Fire – Lessons Learned for Other Brady Cases
By Sara Kropf A year ago, I wrote a post lamenting the fact that prosecutors get every benefit of the doubt when it comes to whether they committed intentional Brady…
EvidenceProf Blog
Court of Criminal Appeals of Tennessee Finds Brady Violation Based on State’s Failure to Disclose (for 2.5 Years) Victim’s E-Mail Saying the Defendant Didn’t Rape Her
By Colin Miller
In Brady v. Maryland, the United States Supreme Court held that the State has an affirmative obligation under the Due Process Clause to timely disclose material exculpatory evidence. There is a…