Brady material - Revision history

Sysop at 19:15, 24 May 2025

2025-05-24T19:15:03Z

← Older revision		Revision as of 19:15, 24 May 2025
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	In particular, we know of no authority imposing a duty on the police to use electronic recording devices to collect and preserve all witnesses' statements. People v. Erwin (1993) 20 Cal.App.4th 1542, 1552 [25 Cal.Rptr.2d 348, 354], as modified on denial of reh'g (Jan. 7, 1994)		In particular, we know of no authority imposing a duty on the police to use electronic recording devices to collect and preserve all witnesses' statements. People v. Erwin (1993) 20 Cal.App.4th 1542, 1552 [25 Cal.Rptr.2d 348, 354], as modified on denial of reh'g (Jan. 7, 1994)

			Brady v. Maryland (1963) 373 U.S. 83, 87

			Giles v. Maryland (1967) 386 U.S. 66, 98–100.

			Weatherford v. Bursey (1977) 429 U.S. 545, 559.

			United States v. Agurs (1976) 427 U.S. 97. the U.S. Supreme Court held that prosecutors have a
			duty to disclose regardless of whether there has been a request from the defense attorney.


			Napue v. Illinois (1959) 360 U.S. 269



			Kyles v. Whitley (1995) 514 U.S. 419. Knowledge by governmental agencies of information that assists in the investigation is imputed to the prosecution. A prosecutor has a duty to learn of exculpatory evidence known to
			investigative agencies acting on the prosecution’s behalf


			In re Brown (1998) 17 Cal.4th 873

			13. People v. Superior Court of Imperial County (Barrett) (2000) 80 Cal.App.4th 1305, 1315.
			14. Weatherford, supra, 429 U.S. at 559.
			15. People v. Ashraf (2007) 151 Cal.App.4th 1205, 1213.
			16. Pennsylvania v. Ritchie (1987) 480 U.S. 39.

			18. People v. Hayes (1992) 3 Cal.App.4th 1238, 1244 [domestic violence case where prior false reports were not provided to the
			defense], quoting People v. Morris (1988) 46 Cal.3d 1, 30.
			19. Strickler v. Greene (1999) 527 U.S. 263, 282, fn. 21.
			20. People v. Martinez (2002) 103 Cal.App.4th 1071, 1078.
			21. United States v. Bagley (1985) 473 U.S. 667, 677; see also Giglio v. United States (1972) 405 U.S. 150, 154. [A co-conspirator
			testified on behalf of the prosecution and falsely denied he had received a promise of immunity.]
			22. People v. Salazar (2005) 35 Cal.4th 1031, 1050

Sysop at 11:24, 3 November 2023

2023-11-03T11:24:07Z

← Older revision		Revision as of 11:24, 3 November 2023
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	Brady material includes impeachment evidence as well as exculpatory evidence. (''United States v. Bagley'' (1985) 473 U.S. 667, 676.) Impeachment evidence includes all benefits given to an informant in exchange for cooperation and testimony. (''Giglio v. United States (1972) 405 U.S. 150.) "This responsibility includes the duty as required by ''Giglio'' to turn over to the defense in discovery ''all'' material information casting a shadow on a government witness's credibility. [Citation.]" (United States v. Bernal-Obeso (9th Cir. 1993) 989 F.2d 331, 334 [italics in original].)		Brady material includes impeachment evidence as well as exculpatory evidence. (''United States v. Bagley'' (1985) 473 U.S. 667, 676.) Impeachment evidence includes all benefits given to an informant in exchange for cooperation and testimony. (''Giglio v. United States (1972) 405 U.S. 150.) "This responsibility includes the duty as required by ''Giglio'' to turn over to the defense in discovery ''all'' material information casting a shadow on a government witness's credibility. [Citation.]" (United States v. Bernal-Obeso (9th Cir. 1993) 989 F.2d 331, 334 [italics in original].)




			In particular, we know of no authority imposing a duty on the police to use electronic recording devices to collect and preserve all witnesses' statements. People v. Erwin (1993) 20 Cal.App.4th 1542, 1552 [25 Cal.Rptr.2d 348, 354], as modified on denial of reh'g (Jan. 7, 1994)

Sysop: Created page with "'''Brady''' or '''Brady material''' is shorthand for material that must be disclosed to the defense under ''Brady v. Maryland'' (1963) 373 U.S. 83. Brady material includes im..."

2016-03-03T04:21:36Z

Created page with "'''Brady''' or '''Brady material''' is shorthand for material that must be disclosed to the defense under ''Brady v. Maryland'' (1963) 373 U.S. 83. Brady material includes im..."

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'''Brady''' or '''Brady material''' is shorthand for material that must be disclosed to the defense under ''Brady v. Maryland'' (1963) 373 U.S. 83.

Brady material includes impeachment evidence as well as exculpatory evidence. (''United States v. Bagley'' (1985) 473 U.S. 667, 676.) Impeachment evidence includes all benefits given to an informant in exchange for cooperation and testimony. (''Giglio v. United States (1972) 405 U.S. 150.) "This responsibility includes the duty as required by ''Giglio'' to turn over to the defense in discovery ''all'' material information casting a shadow on a government witness's credibility. [Citation.]" (United States v. Bernal-Obeso (9th Cir. 1993) 989 F.2d 331, 334 [italics in original].)