colfax_m
Diamond Member
- Nov 18, 2019
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There’s been no hearing or ruling that has held the Brady rule was violated. Furthermore, the Trump hack that took the reigns from the prosecutors who had worked the case for years doesn’t even allege that’s the case.Brady RuleYou have a law degree?
Do yourself a favor and go read the link-
Guilty Pleas – Post-Sentencing Plea Withdrawal: Suppression of Material Exculpatory Impeachment Evidence – Statutory Basis
State v. Kevin Harris, 2004 WI 64, affirming as modified 2003 WI App 144, 266 Wis. 2d 200, 667 N.W.2d 813 For Harris: Steven A. Koch Issue/Holding: ¶34 We recognize that in the constitutional context, the Brady requirement of materiality is dependent upon whether the suppressed evidence...www.wisconsinappeals.net
They have no statutory or constitutional obligation before a guilty plea to turn over discovery that helps the defendant (“exculpatory evidence”),
Structuring Pre-Plea Criminal Discovery - Northwestern ...
scholarlycommons.law.northwestern.edu › viewcontent
scholarlycommons.law.northwestern.edu › viewcontent
The Brady Rule, named after Brady v. Maryland, 373 U.S. 83 (1963), requires prosecutors to disclose materially exculpatory evidence in the government's possession to the defense. A "Brady material" or evidence the prosecutor is required to disclose under this rule includes any evidence favorable to the accused--evidence that goes towards negating a defendant's guilt, that would reduce a defendant's potential sentence, or evidence going to the credibility of a witness.
If the prosecution does not disclose material exculpatory evidence under this rule, and prejudice has ensued, the evidence will be suppressed. The evidence will be suppressed regardless of whether the prosecutor knew the evidence was in his or her possession, or whether or not the prosecutor intentionally or inadvertently withheld the evidence from the defense.
Further, in cases subsequent to Brady, the Supreme Court has eliminated the requirement for a defendant to have requested a favorable information, stating that the Prosecution has a constitutional duty to disclose, that is triggered by the potential impact of favorable but undisclosed evidence See Kyles v. Whitley 514 U.S. 419, 434 (1955); United States. v. Bagley, 473 U.S. 667 (1985).
What’s funny is Sullivan had told the prosecutors if they had any exculpatory evidence they needed to turn it over. They didn’t.![]()
Brady rule
www.law.cornell.edu
Mueller prosecutor withdraws from Flynn case after ...
Mueller prosecutor withdraws from Flynn case after questions surface concerning his compliance with court order
Van Grack has long informed Sullivan that the government's so-called "Brady" obligations, referring to prosecutors' duty to turn over exculpatory materials to defendants, have been met.