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 […]
Or, Seeking Dismissal Based on the State’s Destruction of Evidence Unpublished court of appeals opinions occasionally assume the cache of bootleg recordings of live performances of the Grateful Dead.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 […]
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 […]
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 […]
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 […]
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, […]