Brady Violation

News & Analysis as of

Out-Of-Balance: Basic Flaws In The Brady System

In recent years, the repeated, notable failures of the Brady disclosure regime by which prosecutors are required to produce evidence favorable to the accused in criminal cases have led to a cascade of criticism and growing...more

New Law Provides that Public Agencies may not Take Punitive Action Based Solely on the Fact that a Public Safety Officer’s Name is...

The Governor recently approved Senate Bill 313 (“SB 313”), which adds section 3305.5 to the Government Code. Currently, the Public Safety Officers Procedural Bill of Rights Act provides that no punitive action may be taken...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

A Brady Violation In Tennessee

Placido Mendoza drove a truck from North Carolina to Tennessee. His passenger was Abel Tavera....more

Short Wins - The Fair Sentencing Act And The New York Times On Brady And Criminal Discovery

There was only one win in the federal circuits last week, but United States v. Blewett was a whopper - the Sixth Circuit held that the Fair Sentencing Act applies retroactively to people sentenced before it took effect. ...more

Short Wins - The Seventh Circuit Goes Strong, But The Ninth Circuit Goes Interesting; Resentencing, Discovery Violations, And...

It's a good week in the circuits for folks accused of federal crimes. The Seventh Circuit has been active (though sadly without Judge Posner). United States v. Diaz-Rios looks interesting - it's a remand for resentencing...more

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