Must Officers’ Prior Misconduct Be Disclosed in Discovery?
Jeff Welty
I’ve had a whole bunch of phone calls lately raising the same basic issue: suppose that a prosecutor is aware that an officer has been dishonest or has engaged in […]
May 8, 2012
I’ve had a whole bunch of phone calls lately raising the same basic issue: suppose that a prosecutor is aware that an officer has been dishonest or has engaged in […]
Read post "Must Officers’ Prior Misconduct Be Disclosed in Discovery?"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 […]
Read post "Does Brady Apply After a Conviction?"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Or, Seeking Dismissal Based on the State’s Destruction of Evidence Unpublished court of appeals opinions occasionally assume the cache of bootleg recordings of live performances of the Grateful Dead.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 […]
Read post "You Don’t Know What You’ve Got When It’s Gone"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 […]
Read post "Prosecutors’ Civil Liability for Brady Violations"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 […]
Read post "Must the State Inform the Defense When a Witness Goes Missing?"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 […]
Read post "Must the State Produce Its Witnesses’ Criminal Records in Discovery?"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, […]
Read post "News Roundup"