Topic
Brady Violation
86 published works
Legal Profession Blog
Hindsight And Brady In Louisiana
The Louisiana Attorney Disciplinary Board rejected a Hearing Committee's findings of misconduct against a prosecutor for alleged misconduct in a case tried in the last centuryThis disciplinary action, consisting of…
EvidenceProf Blog
Seventh Circuit Finds That Failure to Disclose Inadmissible Recording of Loan Officer Was a Brady Violation
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 defendant. Since the Supreme Court's opinion in…
EvidenceProf Blog
2001 Baltimore Murder Trial With Familiar Prosecutor Involved Brady Violation for Failing to Disclose Interview Records
By Colin Miller
Here's a pretty interesting story about a 1998 murder in Baltimore.* It involves the trial of "Kenneth D. Perry, 43, who was convicted and sentenced to life without parole in…
Legal Profession Blog
Former Prosecutor Charged With Ethics Violations In Police Shooting Case
A former Assistant Corporation Counsel was charged with ethical violations in his prosecution of a criminal case.The Chicago Tribune had a story about the conduct and his resignationA veteran attorney…
Legal Profession Blog
Decades-Old Conviction Reversal Sustained On Appeal Due To Brady Violation
The Rhode Island Supreme Court affirmed the grant of habeas relief to a convicted defendant as a result of the prosecution's failure to disclose evidence in the notorious Raymond "Beaver"…
EvidenceProf Blog
Was Judge Welch Correct That the Brady Right is Not a Fundamental Right?
By Colin Miller
In Judge's Welch's opinion granting Adnan a new trial, he noted the dichotomy between fundamental and non-fundamental rights:Because Maryland has found that the right to the effective assistance of counsel…
EvidenceProf Blog
Judge in Freddie Gray Case Finds Brady Violation, Says Baltimore’s #2 Prosecutor Doesn’t Understand Discovery Rules
By Colin Miller
Earlier today, Judge Barry Williams found that the prosecution in the Caesar Goodson case violated Brady v. Maryland by failing "to disclose to the defense that they had engaged in a lengthy…
EvidenceProf Blog
10th Circuit Reverses Child Sexual Abuse Conviction Based on Brady Violation
By Colin Miller
Pursuant to the Supreme Court's opinion in Brady v. Maryland, the prosecution violates the Due Process Clause by failing to timely disclose material exculpatory evidence to the defense. But what…
EvidenceProf Blog
The Similarity Between the Brady Violations in the Breakdown/Justin Chapman Case & Adnan’s Case
By Colin Miller
Today, I'm recording an interview with Bill Rankin, the host of the Breakdown Podcast. The interview will be a special episode of Undisclosed that will premiere on April 18th. In the interview,…
EvidenceProf Blog
What Maryland’s New “Fair Likelihood” Test Means for Adnan’s Appeal?
By Colin Miller
In the reopened postconviction proceedings in the Adnan Syed case, Judge Welch is deciding whether there was ineffective assistance of counsel and/or a Brady violation. With an IAC claim, the…