Discovery Flashcards
What amendment creates the right to discovery?
None. There is no right to discovery
What clause governs the court’s holding in Brady v Maryland?
Due Process Clause
How can one establish a Due Process (Brady) violation?
When: (1) favourable evidence to the accused (2) is suppressed from trial (3) after being requested* and (4) that was material to either guilt or punishment
Common Law all but removes the request requirement
Brady v Maryland
When can evidence be considered as suppressed
The prosecutorial team has an affirmative duty to provide evidence to the defense in time for its effective use at trial
Kyle v Whitley
What is considered to be the Prosecutorial team?
- The prosecutor
- Any law enforcement working with the prosecutor
- Anyone acting as a parts of a joint effort or team with the prosecution
- Any place where the information was readily available to the prosecution
Kyle v Whitley
Must the Brady evidence be requested?
No. When evidence is so obviously exculpatory, it need not be requested
US v Agurs
What makes evidence material?
Reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding would have been different
or
Probability sufficient to undermine confidence in the outcome
Bagley
What is the standard for showing reasonable probabilty under the materiality prong of Bagley?
Less than a preponderance
Kyle v Whitley
How does a specific request affect the Brady analysis?
Specific requests weight heavily in favour that the evidence would be material because the defense asked for it
What does Due Process require the defendant to turn over?
Nothing
Can state law require the defendant to turn over evidence?
Yes unless it compels the defendant to testify
Ex: Jenks Act and Alibi Defense disclosure - Williams v FL
Williams v Florida
What does the Jencks Act (F.R.E 26.2) require?
Requires both parties to turn over “any statement” of their trial witnesses “that is in their possession and that relates to the subject matter of the witness’s testimony”
Includes Grand Jury Testimony
