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The bar against compulsory disclosure prior to the testimony of the witness whose statement is sought cannot be circumvented by resort to the Freedom of Information Act, [36] or Rule 16 of the Federal Rules of Criminal Procedure. [37] It is left to the discretion of the trial court to determine whether Jencks material can be delivered before trial.
The Brady doctrine is a pretrial discovery rule that was established by the United States Supreme Court in Brady v. Maryland (1963). [2] The rule requires that the prosecution must turn over all exculpatory evidence to the defendant in a criminal case. Exculpatory evidence is evidence that might exonerate the defendant. [3]
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).
The current Constitution of the State of Maryland, which was ratified by the people of the state on September 18, 1867, forms the basic law for the U.S. state of Maryland. It replaced the short-lived Maryland Constitution of 1864 and is the fourth constitution under which the state has been governed. It was last amended in 2024.
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The United States District Court for the District of Maryland (in case citations, D. Md.) is the federal district court whose jurisdiction is the state of Maryland.Appeals from the District of Maryland are taken to the United States Court of Appeals for the Fourth Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the Federal ...
The Maryland Declaration of Right was created at the 1776 Assembly of Freemen in Annapolis. On August 1, 1776, freemen with property in Maryland elected 76 delegates.They met from August 14 to November 11 and during that time drafted and approved the new Maryland's first constitution—of which the Declaration of Rights is the lead statement. [1]
However, under Federal Rule of Evidence 801 and the minority of U.S. jurisdictions that have adopted this rule, a prior inconsistent statement may be introduced as evidence of the truth of the statement itself if the prior statement was given in live testimony and under oath as part of a formal hearing, proceeding, trial, or deposition.