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Greene, "Thus the term 'Brady violation' is sometimes used to refer to any breach of the broad obligation to disclose exculpatory evidence – that is, to any suppression of so-called 'Brady material' – although strictly speaking, there is never a real 'Brady violation' unless the nondisclosure was so serious that there is a reasonable ...
Brady v. Maryland , 373 U.S. 83 (1963), was a landmark U.S. Supreme Court decision holding that under the Due Process Clause of the Constitution of the United States , the prosecution must turn over to a criminal defendant any significant evidence in its possession that suggests the defendant is not guilty ( exculpatory evidence ).
Per the Brady v. Maryland decision, prosecutors in the United States have a duty to disclose exculpatory evidence even if not requested to do so. While the prosecution is not required to search for exculpatory evidence and must disclose only the evidence in its possession, custody, or control, the prosecution's duty is to disclose all ...
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Nearly one year ago, a Cook County grand jury returned indictments accusing two former assistant state’s attorneys of misconduct in the prosecution of a man who the courts have said was ...
It is incumbent upon the defense to file a motion with the court that it believes that the failure of the prosecution to produce the document is a violation of the Jencks Act. [105] [106] If the interests of justice require such, the trial is properly called a mistrial. [13] [104]
The involuntary manslaughter case against actor Alec Baldwin was dismissed in dramatic fashion on Friday after the judge overseeing the case ruled prosecutors did not properly turn over evidence ...
To constitute ineffective counsel, a defendant's attorney's performance must have fallen below "an objective standard of reasonableness." [5] Courts are "highly deferential," indulging a "strong presumption that counsel's conduct falls within the wide range of reasonable professional assistance."