Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Too often, criminal defense attorneys file boilerplate 'Brady motions' seeking in essence 'any and all information which may be favorable to the defendant and material to the issue of guilt or punishment.' Brady v. Maryland, 373 U.S. 83 (1963). Prosecutors respond in cookie cutter form that they are 'aware of their Brady obligation and will disclose such evidence when and as appropriate.' This might be on the eve of trial, mid-trial, or even post-trial. If truly pressed at the motion stage with a detailed Brady request, some prosecutors and courts have relied on Strickler v. Greene, 527 U.S. 263, 280 (1999), as grounds for denying the defense request.
The Strickler Rear-View Mirror Standard
Under Strickler, evidence is considered Brady material, subject to disclosure, only if there is a reasonable probability that had the evidence been disclosed, the outcome of the trial would have been different. This standard is widely accepted in every circuit and even cited by some defense attorneys making motions for Brady material. Yet, use of this standard in practice is virtually impossible, since it requires the government, an advocate in the case, to look narrowly into its crystal ball and unilaterally determine whether a piece of evidence might alter the outcome of the trial. As a result, the protections that Brady was intended to ensure are lost.
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.