Does Brady Apply After a Conviction?
Everyone knows that under Brady v. Maryland, 373 U.S. 83 (1963), a prosecutor must disclose material exculpatory or mitigating evidence to the defense. But does Brady apply only prior to […]
April 17, 2012
Everyone knows that under Brady v. Maryland, 373 U.S. 83 (1963), a prosecutor must disclose material exculpatory or mitigating evidence to the defense. But does Brady apply only prior to […]
April 14, 2011
Or, Seeking Dismissal Based on the State’s Destruction of Evidence Unpublished court of appeals opinions occasionally assume the cache of bootleg recordings of live performances of the Grateful Dead. If […]
March 30, 2011
The United States Supreme Court decided Connick v. Thompson yesterday. In a nutshell, the plaintiff, John Thompson, spent 18 years in prison as a result of a Brady violation. After […]
March 10, 2010
I blogged recently about whether the state is obligated to produce its witnesses’ criminal records in discovery. (Recall that the answer is no, in North Carolina, with some exceptions.) Another […]
February 17, 2010
I’ve been asked several times whether the state is required to provide the defense with the criminal record of the state’s witnesses. There are two possible justifications for such a […]
April 17, 2009
I’ve been involved in the New Prosecutors’ School this week, but the flow of criminal law news has been constant. First, the News and Observer had an interesting story yesterday, […]