Brady Violation

News & Analysis as of

Supreme Court Rules that Pennsylvania Justice's Previous Involvement in Case Represented an Impermissible Risk of Bias

In a recent opinion, Williams v. Pennsylvania, --- S.Ct. ----, 2016 WL 3189529 (June 9, 2016), a divided United States Supreme Court held that judges must recuse themselves in cases in which they previously played a...more

Supreme Court Says Prosecutors Can’t Judge the Cases They Prosecute

Not all of the justices would put it that way. To be fair to the dissenters, and because his version is shorter, we’ll use Justice Thomas’s description of the underlying facts from his dissent in Williams v. Pennsylvania,...more

The Supreme Court - June 2016 #2

The Supreme Court of the United States issued decisions in three cases on June 9, 2016: - Dietz v. Bouldin, No. 15-458: An automobile accident case went to a jury trial in federal district court. Respondent Hillary...more

The Supreme Court - March 2016 #2

The Supreme Court of the United States issued decisions in three cases today - Americold Realty Trust v. ConAgra Foods, Inc., No. 14-1382: Plaintiff corporations, including respondent ConAgra Foods, Inc., brought suit...more

California Supreme Court Holds Prosecutors Must File Pitchess Motions to Examine Police Personnel Records

Law Enforcement Agencies Should Seek Guidance When Prosecutors Ask to Review Officer-Witness Files - Prosecutors do not have unfettered access to confidential personnel records of police officers who are potential...more

Prosecutors are Entitled to Direct Access to Peace Officer Personnel Records

Appellate Court Says No Pitchess Motion Required to Determine if Records Contain Brady Material - Overview: A California appellate court held this week that prosecutors are entitled to direct access — without a...more

BB&K Police Bulletin: Brady Evidence - Failure to Disclose Previous Mistakes in K-9 “Scent Lineups” Violates Brady

Overview: The Ninth Circuit Court of Appeals recently ruled that the state of California violated Brady v. Maryland by failing to disclose exculpatory evidence of a police dog’s history of mistaken scent identifications in a...more

7th Circuit Extends Bivens Civil Rights Actions to Brady Violations

This week we examine the hugely important 7th Circuit case Engel v. Buchan that found that the violations of the Brady v. Maryland right requiring a prosecutor to disclose potentially exculpatory evidence to a criminal...more

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