Wednesday, October 25, 2017

Prosecutor's duty to disclose exculpatory evidence

Defendant was convicted on the testimony of a single eyewitness. after trial defendant obtained police files containing statement of the eyewitness that contradicted his trial testimony and were favorable to Defendant. Since Defendant was convicted solely on the eyewitness's testimony, it it likely the result of the case would have been different had the statements been disclosed. Therefore, the failure to disclose violated Brady, and the conviction must be overturned and a new trial granted. [Smith v. Cain, 132 S. Ct. 627 (2012)]

The exception is: Reports on sexually abused minors
A defendant may not automatically obtain investigative reports made by a state agency in charge of investigating sexually abused minor because of the confidentiality of the minor's records. Such reports can be obtained only if they are favorable to the defendant and are material to guilt or punishment.

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