Notice Of Discovery And Demand For Brady Material In Pima
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FAQ
Brady material, or the evidence the prosecutor is required to disclose under this rule, includes any information favorable to the accused which may reduce a defendant's potential sentence, go against the credibility of an unfavorable witness, or otherwise allow a jury to infer against the defendant's guilt.
The Brady material has three components: “The evidence at issue must be favorable to the accused, either because it is exculpatory, or because it is impeaching; that evidence must have been suppressed by the State, either willfully or inadvertently; and prejudice must have ensued” concluded in the Strickler v.
Brady material, or the evidence the prosecutor is required to disclose under this rule, includes any information favorable to the accused which may reduce a defendant's potential sentence, go against the credibility of an unfavorable witness, or otherwise allow a jury to infer against the defendant's guilt.
A Brady motion is a defendant's request for the prosecution in a criminal case to turn over any potentially exculpatory evidence (which means evidence that may be favorable to the accused).
THE BRADY RULE A deputy has an affirmative duty to disclose all favorable material evidence on the issue of guilt or punishment possessed by the prosecution team, irrespective of a defense request.
Following the Brady case, the prosecution must turn over all evidence or information that would prove the innocence of the defendant including evidence that would help reduce a defendant's sentence.
A Brady motion is a defendant's request for the prosecution in a criminal case to turn over any potentially exculpatory evidence (which means evidence that may be favorable to the accused).
THE BRADY RULE A deputy has an affirmative duty to disclose all favorable material evidence on the issue of guilt or punishment possessed by the prosecution team, irrespective of a defense request.
