June 25, 2018

5th Fifth Amendment Part 1 Let’s talk about the 5th amendment. We talk about this every year but these, some of these are so good, they’re nuggets. We’re going to rethread old ground. And Shatzer, Justice Scalia holds for the majority 5/4 as usual, that a prison inmate is not in custody for Brenda purposes. […]

5th Fifth Amendment Part 2 There is a trilogy of harts that we’ve seen but we need to start with those before we get to the good shit. And these deal with; these are 3 cases that deal with limitations on the federal exclusionary rule. The first is Hudson. And in summary it’s a 5/4

5th Fifth Amendment Part 3 Let’s talk a little bit about the good news. And that’s a change of heart. We’ve been talking about the new majority with the chief justice and Leto. That new majority has changed to strange bedfellows, to unlikely coalitions. And as I mentioned; the more unlikely the coalition the stranger

Brady Exculpatory Evidence Duty of a Prosecutor A U.S attorney called me one day in a case where i had a defense of public authority. And i was representing a small town constable who said i was honestly trying to conduct drugs deal. And the feds didn’t believe him and said, “No! you know, you

Brady the Duty of a Prosecutor to Disclose Mitigating or Exculpatory Evidence Kyles versus Whitley! In 1995 the court, Supreme Court re-recognized this notion and again said, “it’s any favorable piece of evidence” and Ii like Whitley because there it was all these little pieces, none of which were of any significance by itself. In

Brady Duty of a Prosecutor to Disclose Exculpatory and Mitigating Evidence Bagley came out in 1985 and added to this that it’s a not a materiality test. Again, disclosure of evidence that’s just favorable, that if suppressed would deprive the defendant of a fair trial. It’s a fairness question. And so, encourage prosecutors; this isn’t

Brady Duty of Prosecutor to Disclose Mitigating Exculpatory Evidence Part 2 The ABA came out with a policy on Brady and why should you care! You know there some large organization of four hundred thousand lawyers and they meet all over the place and they’ve come to San Antonio but you know, we hardly commute

Brady Prosecutor Duty to Disclose Mitigating Exculpatory Evidence Part 3 Another, kind of boring thing to do, to spot when there’s Brady evidence is I always go and get the chain of custody documents. We don’t do that because, you know goes to weight not admissibility. Do it every time! I get the admission reports

Brady Prosecutor’s Duty to Disclose Exculpatory Mitigating Evidence Part 4 The other thing that you can look for are; comments that the prosecutor makes to jurors. And we heard earlier a speaker talk about in one of the breakout rooms prosecutors making statements that prejudice the jury and for future pools that you know,” Boy,

Brady Prosecutor’s Duty to Disclose Exculpatory Mitigating Evidence Part 5 Another way that you know that Brady exists in the case, is you know when you have these little tell tales science, it’s when there’s raw and high emotion in the case. And the prosecution’s moving really hastily after just your client and considering nothing