12-24-2024, 05:27 PM
FACT: When we asked for discovery, they gave us only a small portion of what they had, they withheld information (I still believe they are holding more) information that showed the image was actually computer generated as well as other things. (that is consider a Brady Violation) The ONE file they have YET to give us was the reason why the Assistant United States Attorney DECLINED to press charges. Did HE know that the warrant was a General Warrant, did HE know that they waited too long to get a second warrant. Did he know the charges were dropped and the search warrant quashed. IF they are still withholding information it will continue to be a Brady Violation.
A Brady violation occurs when a prosecutor fails to disclose favorable evidence to a defendant or their defense attorney. This is a violation of the defendant's constitutional rights and can have serious consequences, including: Reversal of the conviction, Dismissal of charges, Mistrial, and Sanctions against the prosecution.
The Brady principle was established in the 1963 Supreme Court case Brady v. Maryland. The case involved a murder conviction where the prosecution withheld evidence that would have exculpated the defendant. The court ruled that the suppression of favorable evidence violates due process, regardless of the prosecution's intent.
A Brady violation occurs when a prosecutor fails to disclose favorable evidence to a defendant or their defense attorney. This is a violation of the defendant's constitutional rights and can have serious consequences, including: Reversal of the conviction, Dismissal of charges, Mistrial, and Sanctions against the prosecution.
The Brady principle was established in the 1963 Supreme Court case Brady v. Maryland. The case involved a murder conviction where the prosecution withheld evidence that would have exculpated the defendant. The court ruled that the suppression of favorable evidence violates due process, regardless of the prosecution's intent.