committing an individual through withholding exculpatory evidence
The researchers concluded that a weak defense; a weak case presented by the prosecution; and the failure to recognize and disclose exculpatory evidence
many times work in conjunction with each other.
Assuming that the resources for indigent defense were dramatically increased to a sufficient level of funding, defense counsel would still likely be unable to discover exculpatory evidence
that the prosecution has taken affirmative steps to conceal.
20) While these provisions are sufficient to deal with the disclosure of the intermediaries' identity, (21) they do not resolve the tension between the OTP's duties of confidentiality towards its sources and its duty of disclosure of exculpatory evidence
to the defense.
46) A thorough examination of Amrine reveals that the court never had the opportunity to evaluate the precise issue presented in Kidd, because the petitioner in the case, Joseph Amrine, did not attempt to resurrect a procedurally defaulted claim of ineffective assistance of counsel for failure to present exculpatory evidence
10) After Washington, criminal defendants seemingly had both a due process right and a compulsory process right to present exculpatory evidence
Supreme Court ruled that municipalities can't be sued for failing to properly train prosecutors, even on basic ethical obligations such as the responsibility to turn over exculpatory evidence
to defense attorneys.
78) Third, where a defendant has not made a request at all, or has made only a general request for exculpatory evidence
, the test of materiality is whether the "omitted evidence creates a reasonable doubt that did not otherwise exist.
102) As with exculpatory evidence
, impeachment evidence "can
requisite necessarily implies that exculpatory evidence
does not fall within those documents requiring translation.
Likewise, having to go to trial in a case where you are not allowed to put on your defense, where you are limited in your ability to present exculpatory evidence
, or where the jury is informed that you have been guilty of misconduct in connection with document production, typically leads to large verdicts such as the $604 million compensatory damages/$850 million punitive damages verdict against Morgan Stanley or the $29.
Evidence was fabricated, exculpatory evidence
suppressed, witnesses suborned.