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Rule 26.2(a) provides: ?After a witness other than the defendant has testified on direct examination, the court, on motion of a party who did not call the witness, must order an attorney for the government or the defendant and the defendant's attorney to produce, for the examination and use of the moving party, any ...
The Brady decision ruled that the defense has the right to examine all evidence that may be of an exculpatory nature. The prosecution will not only release evidence that the defendant might be guilty of a crime but also release all evidence that might show that the defendant is innocent as well.
It can include proof of an alibi, an eyewitness statement, video footage, audio recordings or any other physical evidence that shows doubt that the person in question committed the crime. A skilled criminal defense attorney will work with you to unearth exculpatory evidence to present in trial.
A joint trial of codefendants (also known as "joinder") occurs when a judge merges the cases of two or more defendants. Joint trials happen when the issues in the defendants' cases overlap enough to make a single trial both fair and more efficient.
In criminal law, exculpatory evidence is evidence, such as a statement, tending to excuse, justify, or absolve the alleged fault or guilt of a defendant. In other words, the evidence is favorable to the defendant.