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.'
A Guide to Effective Brady Motions
Too often, criminal defense attorneys file boilerplate '<i>Brady</i> motions' seeking in essence 'any and all information which may be favorable to the defendant and material to the issue of guilt or punishment.' <i>Brady v. Maryland</i>, 373 U.S. 83 (1963). Prosecutors respond in cookie cutter form that they are 'aware of their <i>Brady</i> 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 <i>Brady</i> request, some prosecutors and courts have relied on <i>Strickler v. Greene</i>, 527 U.S. 263, 280 (1999), as grounds for denying the defense request.
By
Robert W. Tarun And Deborah L. SteinerThis premium content is locked for Business Crimes Bulletin subscribers only
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