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 trial, or does the obligation continue after a defendant has been convicted? That’s one of the questions raised by this Washington Post article, which reports … Read more


Statute of Limitations on Defense Motions for Appropriate Relief

I get asked a lot of questions about motions for appropriate relief (MARs). One common scenario is: Defendant was convicted of Crime X years ago and the sentence has been fully served. Defendant now faces a habitual charge or status based on the prior conviction or maybe the prior conviction has elevated Defendant’s sentence for … Read more


Post-Conviction DNA Testing Heats Up

Editor’s note: A previous post concerning a United States Supreme Court case about post-conviction DNA testing appears here. Recently, I’ve been getting a lot of calls about requests for post-conviction DNA testing. Since there seems to be a bit of confusion about how these requests should be made and handled, I thought it might be … Read more

Postconviction DNA Testing

The United States Supreme Court recently heard oral argument in the Osborne case, an Alaska case that asks whether a criminal defendant who claims that he has been wrongfully convicted has a constitutional right to postconviction DNA testing of biological evidence.  The transcript of the oral argument is available here, and a news story that … Read more