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The prosecutor must disclose exculpatory evidence known only to the police. That is, the prosecutor has a duty to reach out to the police and establish regular procedures by which the police inform the prosecutor's office of anything that tends to prove the innocence of the defendant. [6]
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 information known to any ...
Hughes Anderson Bagley was indicted on 15 counts of violating federal narcotic and firearm statutes in the Western District of Washington in October 1977. In preparation for trial, to be held in December, Bagley's counsel filed a discovery motion that requested information on the witnesses the prosecution intended to call, their criminal records, and any promises made to them in exchange for ...
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).
Three months later, Agurs' attorney filed a motion for a new trial, alleging that (1) Sewell had a criminal record that tended to prove he was a violent person, (2) that the prosecution had failed to disclose Sewell's record to Agurs' counsel, and (3) Sewell's record was admissible even if Agurs did not know about his history. [1]
The special prosecutor overseeing Walker’s case and related ones, who was assigned in part due to Bradford’s conflicts of interest, said in a recent interview that a criminal investigation of ...
The prosecutor, or district attorney, is a lawyer who brings charges against a person, persons or corporate entity. It is the prosecutor's duty to explain to the court what crime was committed and to detail what evidence has been found which incriminates the accused. The prosecutor should not be confused with a plaintiff or plaintiff's counsel ...
COLUMBUS, Ohio (AP) — An Ohio prosecutor says it is not within his power to drop a criminal charge against a woman who miscarried in the restroom at her home, regardless of the pressure being ...