11/15/2018

 

Brady v.l Maryland, 373 US. 83 (1963)

The State UST turn over all evidence in its

 

 

--

   

e-accused.

The State UST turn over all evidence in its

possession or control that tends to NEGATE the guilt
of the accused.

The State UST turn over all impeachment
evidence. qulio v. 405 US. 150 (1972)._

 

 

 

 

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Establishing a Brady Violation

The defense must prove:

 

 

1. The State possessed evidence favorable to the
defendant, inciuu'ing impeachment evidence

2. The defendant could not obtain the
evidence himself through the exercise of
reasonable due diligence

3. The prosecution suppressed the
favorable evidence

4. The evidence was material

Caselaw:

Strickler v. Greene, 527 US 263 (1999); Jones v. State, 709 So.2d 512

(Fla. 1998)

 

 

 

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Materiality Requirement

?The evidence is material
only if there is a
reasonable probability

 

 

that, had the evidence
been disclosed to the
defense, the result of the
proceedings would have
been different. A

reasonable probability is a 

probability sufficient to
undermine confidence in
the outcome.? v.
Bag/ex, 473 US. 667
(1985)

A GAME
CHANGER, SON

 

 

 

 

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DEFENSE BURDEN

Mere speculation by defense

:n'Fnrm
I I

 

 

IICI

exculpatory is not enough to
trigger state?s obligation to
disclose.

Caselaw:

Quinn 123 F.3d 1415 (11th Cir. 1997) (Mere speculation that a
government file may contain material not enough)

US. v. Navarro 737 F.2d 625 (7th Cir. 1984) (Speculation that INS file
may contain cooperation agreement not enough)

Downs v. State 740 So.2d 506 (Fla. 1999) (Mere suspicion of existence of
evidence not enough)

 

 

 

 

 

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