Title: Obtaining Favorable Evidence From The Prosecution: Understanding the Brady Rule - Burnham & Gorokhov
Headings: Obtaining Favorable Evidence From The Prosecution: Understanding the Brady Rule
Obtaining Favorable Evidence From The Prosecution: Understanding the Brady Rule
What is the Brady rule?
How does a prosecutor comply with the Brady rule?
What can I do if a prosecutor has violated Brady?

Content: What can I do if a prosecutor has violated Brady? Owing to the nature of Brady violations, often they go undiscovered until longer after the case is over. When a Brady violation is discovered afer the defendant’s case has concluded, typically the defendant will have to file some kind of post-conviction motion to try to get the conviction vacated, such as through 18 U.S.C. § 2255 petition. Sometimes, however, Brady disputes may arise before trial while the parties are still conducting discovery. In these instances, the common procedure is for the trial court to conduct an in camera —meaning in private—examination of the evidence to decide whether it must be disclosed. Once the trial court has made its ruling, either the evidence will be turned over to the defense, or it will remain sealed with the Court and be available for the Court of Appeals to review in case of an appeal. Litigating Brady violations is a difficult and complex process because of the high burden on the defendant to prove that not only was favorable evidence withheld from the defense, but that the withheld evidence would have made a difference a trial. Frequently, convictions tainted by Brady violations are upheld because the courts deem a particular violation immaterial in light of the other evidence showing the defendant’s guilt. In order to properly present a Brady claim, it is therefore paramount for a defense attorney to show, in a concise and easy to understand manner, what evidence was withheld and why that piece of evidence was crucial to the defendant’s case at trial. Search
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