Wednesday, December 14, 2016

SCOTUS Takes 2 Brady Cases. Fact-Bound?

The U.S. Supreme Court has taken up two cases from the District of Columbia’s local court system (not to be confused with USCA-DC).  The cases involve the rule of Brady v. Maryland (1963) that the prosecution must disclose to the defense material exculpatory evidence in its possession.  “Material,” in this context, means evidence that might have made a difference in the result.

The high court rewrote the question presented as simply, “Whether petitioners’ convictions must be set aside under Brady v. Maryland, 373 U.S. 83 (1983).”  This is highly unusual.  Application of settled rules of law to particular fact patterns is som…
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