Category Archives: Evidence

The ABA on Brady

Today the American Bar Association passed a resolution regarding discovery pursuant to Brady v. Maryland, 373 U.S. 83 (1963). Resolution 104A urges judges to prepare a checklist of disclosure obligations for prosecutors. Brady requires the state produce exculpatory evidence to … Continue reading

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Filed under Ethics, Evidence

Bruton is alive and well

In 1968, the U.S. Supreme Court decided Bruton v. United States. It stands for the proposition that codefendant statements can’t be used at trial unless the codefendant testifies. The following is a good explanation: When two defendants, A and B … Continue reading

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Filed under Confrontation Clause, Evidence

Time

I have been away from the keyboard for the last week or so with court and clients. I am reminded of an old question: what do we have plenty of but not enough? The answer of course, is time. It … Continue reading

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Filed under Evidence