Notice Of Discovery And Demand For Brady Material In Travis
Description
Form popularity
FAQ
This means the other side in your case wants to get information from you. This is a legal process called conducting discovery.
In cases in which defendant wishes to know what types of evidence the government intends to use he can request the government to give notice of its intention to use specified evidence which the defendant is entitled to discover under Fed. R. Crim.
The Brady doctrine is a pretrial discovery rule that was established by the United States Supreme Court in Brady v. Maryland (1963). The rule requires that the prosecution must turn over all exculpatory evidence to the defendant in a criminal case. Exculpatory evidence is evidence that might exonerate the defendant.
The Defendant has moved for disclosure of "impeaching information", in order to protect his rights to a fair trial. Due process prevents the Government from suppressing evidence favorable to the accused, either as to guilt or punishment, irrespective of the good faith or bad faith of the prosecution.
After the filing of the charging document, a defendant may elect to participate in the discovery process provided by these rules, including the taking of discovery depositions, by filing with the court and serving on the prosecuting attorney a “Notice of Discovery” which shall bind both the prosecution and defendant to ...
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.
Under common law, a witness may be impeached by proof the witness has contradicted him- or herself through evidence of prior acts or statements that are inconsistent with testimony given on direct examination.
"DEFENDANT'S NOTICE OF INTENT TO PARTICIPATE IN DISCOVERY AND DEMAND FOR FAVORABLE AND IMPEACHMENT INFORMATION IN ANCE WITH BRADY." is standard language submitted to the Court and served on the State invoking the discovery process, a routine tactic in criminal cases.
A Brady motion is a defendant's request that the prosecution in a California criminal case turns over any potentially “exculpatory” evidence or evidence that may be favorable to the accused.
