5:15. In _Van de Kamp v. Goldstein,_ 555 U.S. 335 (2009) the Supreme Court sharply limited Section 1983 liability to individual prosecuting attorneys for Brady violations. Administrative tasks they ruled are not subject to judicial immunity, but prosecutorial ones are. The final statement thus is an over-generalization and is not entirely accurate.
Say a client demanded a speedy trial. The prosecutor asked that to be waived because the reports have just been done and they need to be picked up. Client waived his ST demand in order for them to get the evidence. The trial took place 9 months after that date and the prosecutor only then, 4 hours into trial, submitted that evidence and used it. A mistrial was asked for by defense after prosecution rested and was granted. 2 days after trial a disk with all rhe evidence came to defense office. Almost 1 year after mistrial, the defense found Brady evidence easily obtained on that disk that was known to the prosecutor. And that evidence would have fed directly into the defense that someone else could have and was doing the crime. Should the case be dismissed? A new trial date has been scheduled. Thank you for reading and any advice.
Agreed. Prosecutors withhold evidence and lie in court bc they get automatic immunity. Prosecutors are not held accountable for their crimes. This law needs to be changed. There is no justice in the Justice department.
What does exculpatory mean in law? In criminal law, exculpatory evidence is evidence, such as a statement, tending to excuse, justify, or absolve the alleged fault or guilt of a defendant. In other words, the evidence is favorable to the defendant.
I've been searching yt for hours looking for this information right here THANK YOU!
Glad we could help!
Thank You, this was very clear and easy to understand.
The prosecutor has to turn over all materials that the prosecutor has or it is a violation of "Brady."
No, just material, exculpatory material.
THIS IS LITERALLY THE LIL DURK CASE
Can the defendant himself get his own evidence from the prosecutor without a lawyer??
This an excellent piece.
❤ extremely helpful, thanks so much
Thank you!
5:15. In _Van de Kamp v. Goldstein,_ 555 U.S. 335 (2009) the Supreme Court sharply limited Section 1983 liability to individual prosecuting attorneys for Brady violations. Administrative tasks they ruled are not subject to judicial immunity, but prosecutorial ones are. The final statement thus is an over-generalization and is not entirely accurate.
What if they tampered with the evidence and I have proof of it
Wow so Brady still got charged with murder. Great job American justice system.
Say a client demanded a speedy trial. The prosecutor asked that to be waived because the reports have just been done and they need to be picked up. Client waived his ST demand in order for them to get the evidence. The trial took place 9 months after that date and the prosecutor only then, 4 hours into trial, submitted that evidence and used it. A mistrial was asked for by defense after prosecution rested and was granted. 2 days after trial a disk with all rhe evidence came to defense office. Almost 1 year after mistrial, the defense found Brady evidence easily obtained on that disk that was known to the prosecutor. And that evidence would have fed directly into the defense that someone else could have and was doing the crime. Should the case be dismissed? A new trial date has been scheduled. Thank you for reading and any advice.
When is the new trial date? I wish him luck 🍀
How quickly is the prosecution required to turn over exculpatory evidence? Do you have a source that I could use to show this?
Did you get an answer?
excellent post
Glad you enjoyed it
the Brady rule is broken all day everyday in courts........knowing this is very important.....thanks! also see kyles v whitley united states v bagley
Unfortunately, it does happen.
Agreed. Prosecutors withhold evidence and lie in court bc they get automatic immunity. Prosecutors are not held accountable for their crimes. This law needs to be changed. There is no justice in the Justice department.
What does exculpatory mean in law?
In criminal law, exculpatory evidence is evidence, such as a statement, tending to excuse, justify, or absolve the alleged fault or guilt of a defendant. In other words, the evidence is favorable to the defendant.