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To: grundle

A “Brady Violation” is what happens when the prosecutors in a criminal case fail to perform their constitutional duty to turn over helpful evidence to the people they have charged with crimes.

If, as is all too often the case, the defendant has already been convicted when the Brady violation is discovered, then the defense lawyer will need to file for post-conviction relief. This will take the form of either a direct appeal to the conviction, filing a motion for new trial, or a petition for a writ of habeas corpus, depending on what proceedings have already happened in the case. Regardless of the approach, the defense will argue that the defendant’s rights to due process and a fair trial were violated when the prosecutors withheld the Brady material. If the appeal, motion, or petition is successful, then the defendant will be granted an opportunity for a new trial. In many cases where this happens, the Government decides not to go through the time and expense of a new trial, and the defendant walks free.
https://www.pagepate.com/what-is-a-brady-violation/


10 posted on 04/08/2023 4:28:03 PM PDT by griswold3 (Truth, Beauty and Goodness ; Quos Deus vult perdere, prius dementat)
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To: griswold3

I see misconduct by prosecutors as a crime just below murder. A prosecutor who lies and hides evidence should be severely punished. We trust these people to uphold our laws. If they break that trust they need to pay for it.


35 posted on 04/08/2023 5:43:59 PM PDT by Rdct29 (The Democrats Are The New Nazi Party)
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To: griswold3

why wouldnt it result in a mistrial?


47 posted on 04/08/2023 8:01:51 PM PDT by Bob434 (question )
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