More on discovery

Philip D. Cave

The prosecution of Senator Stevens highlighted problems with prosecutors who don’t comply with their Brady-plus obligations. Here’s another one.

New Trial Granted Because of Prosecutor Misconduct: Mike Scarcella writes at Blog of the Legal Times that a D.C. Superior Court judge has granted a new trial to a man convicted of fatally stabbing another man in 2007. The new trial was granted because the prosecutor failed to turn over favorable evidence. Apparently, certain grand jury testimony casting doubt on the government’s chief witness was not handed over to the defendant’s public defender until one month after the conviction. Judge Frederick Weisberg was unable to say whether the testimony would have changed the outcome of the trial, but faulted the prosecutor for failing to turn over “patently disclosable” evidence.

Also from Crime & Consequences blog.

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