Maryland and its progeny, which establish a right to disclosure of exculpatory evidence
. It is important to note that the claims are constitutionally distinct.
The integrity of the judicial process is threatened when prosecutors ignore evidence or fail to pursue potentially exculpatory evidence
. The federal prosecutor as a "minister of justice" serves both the victim and the defendant (208) and concern for the public's safety and welfare should guide the prosecutor's decision making.
Conservatives, no matter how justified their frustration over delays, should not perpetuate a system that refuses to hear exculpatory evidence
. By amending laws like Virginia's 21-Day Rule to allow a judge to rule on credible new evidence, lawmakers would remove a major incentive for delay.
Often the concealment of exculpatory evidence
and reliance on perjured testimony are related: prosecutors sometimes fail to disclose incentives for their witnesses to lie or evidence that witnesses have lied on the stand.
Courts analyzing Brady disclosures at the plea stage also have treated impeachment and exculpatory evidence
alike, finding that both must be disclosed only if they are outcome determinative.
The court found that Neese had intentionally withheld exculpatory evidence
from the defense and the court, and it granted Burns' motion for a new trial.
Materiality depends on whether the affidavit demonstrates probable cause when the lies are taken out and the exculpatory evidence
is added in.
"No checklist can exhaust all potential sources of exculpatory evidence
," Gaziano stressed.
He has pleaded not guilty to the charge.<br />In a 90-minute hearing Monday at the Carnahan Courthouse downtown, Burlison denied Greitens' motion to exclude two witnesses crucial to the state's case: the woman who alleged Greitens took her photo, known in court files as "K.S.," and a person to whom she had reportedly described the affair at the time, listed as "J.W."<br />James Martin, one of the governor's defense attorneys, spoke most during the hearing, accusing the state of continuing to conceal exculpatory evidence
for a second time in the case.
His legal team will first argue that the verdicts were "unreasonable" since the jury could not have been satisfied beyond reasonable doubt that Pell was guilty based on the word of the surviving victim against "unchallenged exculpatory evidence
" of more than 20 prosecution witnesses.
"But the most important exculpatory evidence
is the video inside the barangay hall, as well as those taken by the NCRPO itself.
He also claims they failed to preserve exculpatory evidence
. We affirm the holding of the district court in all respects.