Title: Criminal Discovery: The Right to Evidence Disclosure | Lawyers.com
Headings: Criminal Discovery: The Right to Evidence Disclosure
Criminal Discovery: The Right to Evidence Disclosure
Types of Discovery
Other forms of discovery include—but certainly aren’t limited to—
The Right to Discovery: Brady Material
Exculpatory Evidence
Brady v. Maryland
Brady Violations
Federal and State Discovery Statutes
Questions for Your Attorney

Content: Before trial his lawyer had requested that the prosecution give access to Boblit’s out-of-court statements. The defense saw several of those statements, but the prosecution withheld one, in which Boblit admitted carrying out the killing. The Court held that the prosecution’s action—even though it had to do with punishment rather than guilt—denied Brady the due process of law that’s guaranteed by the 14th Amendment. ( Brady v. Maryland, 373 U.S. 83 (1963).) Brady Violations
If the defense learns about a Brady violation after the defendant has been convicted, the defendant is typically owed a new trial if the nondisclosure was material. According to the U.S. Supreme Court, the missing evidence is to be considered as a whole rather than piece by piece, but it’s material only if there’s a “reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding would have been different.” ( United States v. Bagley, 473 U.S. 667 (1985); Kyles v. Whitley, 514 U.S. 419 (1995).) Courts have tended to be quicker to find Brady violations where the defense has specifically requested an item and the prosecution has misled the defense about its existence. Courts will find Brady violations in other circumstances too, as when the defense has made a very general request for exculpatory material or hasn’t made any request.