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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

Expunctions and Orders of Non Disclosure Here, I will provide just kind of a general framework for those of you who are not familiar with them. And also to just kind of give the more seasoned of this, some tips to kind of up our game on expunctions. And so what I’ve titled it is,”

The Difference Between an Order of Non Disclosure and an Expunction Now, Let’s talk about kind of the difference between expunction and non-disclosure. Expunction is available when a person has been acquitted, or their case has been dismissed, or they’ve been given some kind of a pardon. And an expunction is available in no situations

Expunction after an Acquittal or a Pardon Then there’s, if a person is acquitted by that’s a trial court acquittal we’re talking about. So, if a person is acquitted by the court of appeals or the court of criminal appeals you do the same process as you would at dismissal and we’ll get to dismissal

Expunctions for Identity Theft and Dismissal of Charges Identity theft, like I said, another one handled by the state. They are going to need some help on that. All the client has to do is file an application and give them their fingerprints and so the DA is supposed to match up the fingerprints that