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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 ...
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’s rare for the head of a police department to be placed on the “Brady” list. However, locally, it happened in 2021 when former Sheriff Jerry Hatcher was given that designation. Voters ...
Under the 1963 U.S. Supreme Court decision Brady vs. Maryland, prosecutors are required to turn over any evidence favorable to a defendant, including evidence of police misconduct.
Giglio v. United States, 405 U.S. 150 (1972), is a United States Supreme Court case in which the Court held that the prosecution's failure to inform the jury that a witness had been promised not to be prosecuted in exchange for his testimony was a failure to fulfill the duty to present all material evidence to the jury, and constituted a violation of due process, requiring a new trial. [1]
A Brady claim is a claim that a defendant's right to a fair trial was violated because the State withheld exculpatory evidence that it is constitutionally required to provide to defendants. Brady claims must instead be litigated through the Tennessee Post-Conviction Procedure Act. Timeliness under the statute of limitations is also an essential ...