Where can I get information about the Brady Law?

02/01/2007 - Criminal - State: FL #1203

Full Question:

Where can I get information about the Brady Law and if your company has the so-called “Brady Motion”?

Answer:

The Brady disclosure rule requires the prosecution to provide to the defendant any evidence in the prosecution’s possession that may be favorable to the accused and material to guilt or punishment. State v. Kennerly, 331 S.C. 442, 452, 503 S.E.2d 214, 220 (Ct. App. 1998) (citing Brady v. Maryland, 373 U.S. 83, 87 (1963)). Favorable evidence includes both exculpatory evidence and evidence which may be used for impeachment. United States v. Bagley, 473 U.S. 667, 676, 105 S.Ct. 3375, (1985). Materiality of evidence is determined based on the reasonable probability that the result of the proceeding would have been different had the evidence been disclosed to the defense. Kennerly, 331 S.C. at 453, 503 S.E.2d at 220. “A ‘reasonable probability’ of a different result is accordingly shown when the government's evidentiary suppression ‘undermines confidence in the outcome of the trial.’” Bagley, 473 U.S. at 678, 105 S.Ct. at 3381. Furthermore, the prosecution has the duty to disclose such evidence even in the absence of a request by the accused.

The prosecution must disclose evidence that is material to either guilt or to punishment irrespective of the good or bad faith of the prosecution. The disclosure rule is applicable though the alleged nondisclosure is negligent or passive rather than willful. The prosecution must disclose such evidence even when there has not been a request for the information by the defense.

Elements of Brady prosecutorial misconduct claim are: (1) evidence at issue must be favorable to accused, either because it is exculpatory or because it is impeaching; (2) evidence must have been suppressed by state, either willfully or inadvertently; and (3) prejudice must have ensued.

We do not have such a motion in our database.

Please see the information at the following links: Please see the forms at the following links:

02/01/2007 - Category: Criminal - State: FL #1203

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