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Disclosure Requirements Brady Violation

McGuireWoods LLP

Courts Adopt Different Approaches in Implementing the Due Process Protections Act

McGuireWoods LLP on

In a December 2020 article, we highlighted in this blog the amendment of Federal Rule of Criminal Procedure 5(f) in the new Due Process Protections Act (“DPPA” or “the Act”). The Act requires federal courts to enter a Brady...more

Epstein Becker & Green

What Good Will the “Due Process Protections Act” Do?

Epstein Becker & Green on

On October 21, 2020, President Trump signed into law the “Due Process Protections Act” (“DPPA”), P.L. No. 116-182, 134 Stat. Ann. 894, which was effective upon enactment. Receiving rare bi-partisan support in both houses of...more

McGuireWoods LLP

New Due Process Protection Act Amends Criminal Rule 5, May Strengthen Defendants’ Brady Rights

McGuireWoods LLP on

A new law will require all federal judges to enter an order at the beginning of every criminal case advising prosecutors of their duties under Brady v. Maryland, 373 U.S. 83 (1963) to disclose exculpatory evidence to the...more

Dechert LLP

Due Process Protections Act Enacted Into Law

Dechert LLP on

On October 21, 2020, President Donald J. Trump signed the Due Process Protections Act, S. 1380, which provides additional protections for criminal defendants’ due process right to receive material exculpatory evidence from...more

Best Best & Krieger LLP

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

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