Look at what to determine discovery rules
- constitution (generally no constitutional right to discovery)
- state and federal law
- rules of criminal procedure
- ethical rules
- court rules/orders
- rules of evidence
- local rules
- office policy and culture
what is required discovery (brady)
where evidence is material either to guilt or to punishment, irrespective of good or bad faith
- evidence must be favorable
- must be material
exculpatory evidence
evidence material to guilt or innocence
impeachment evidence
credibility of the evidence
mitigating evidence
reduces culpability or severity of punishment
material means
- would it have altered the prosecution or defense strategy for pretrial or pre-conviction
- reasonable probability that had the evidence been disclosed to the D, the result of the proceeding would have been different
if required discovery (brady) is withheld then
conviction is reversed
when must brady evidence be produced
at least by the time the jury is sworn in
everyone is entitled to
exculpatory evidence
you can plea and waive impeachment and mitigating evidence if
you understand your right to that info if you went to trial, but you don’t need to know the substance of that info to have a knowing and intelligent waiver
