evidence is defined as evidence that "tend[s] to establish a criminal defendant's innocence." (116) Therefore, material exculpatory
evidence is vital in preventing convictions of innocent defendants, and suppression of such evidence pre-plea will render a defendant unintelligent, voiding the entered plea.
Giglio and cases that followed have come to mean that derogatory information about the credibility of a government witness could be potentially exculpatory
and is, therefore, Brady material.
Unlike the ICC and the ECCC, the ICTY has held that the accused has a right to obtain exculpatory
materials in a language he or she understands.
Practice tip: Because the settlement of an exculpatory
liability for less than its face value does not fall under the minimum gain chargeback provisions, it is critical that the operating agreement addresses the allocation of nonrecourse deductions attributable to these liabilities and also addresses the allocation of COD income associated with these liabilities.
Yet if evidence of ineffective assistance lies outside the record for example, if the second counsel discovers that the first had failed to investigate or call exculpatory
witnesses the new counsel could file a motion to remand to the trial court for a hearing on the issue.
"Paragraph (d) requires disclosure of the existence of exculpatory
evidence known to the prosecutor.
They also argue they have qualified immunity for any failure to provide exculpatory
In addition, they require a showing that OAT has cured the problems that led to the lab's failure to disclose exculpatory
'So, if that is the reasoning, that it's not operational, then the court is actually giving exculpatory
excuse in any future drug manufactory,' he said.
His lawyer, Tim Dudley of Little Rock, said, "The indictment is only one side of the story, and there is a lot of exculpatory
evidence that was left out of the indictment."
"In the big scheme of things, it's powerful exculpatory
evidence," Giuliani insisted.
On 8 July and 12 July, the Energy commission heard Minister Petkova and the BEH Group on the development of the gas case and on the existence of newly discovered circumstances that may have exculpatory
or at least significantly mitigating character.