over the relevant exculpatory evidence
because it had never received a
It may also lead to potential Brady violations if the prosecution did not recognize potential exculpatory evidence
88) The defendant would then face the difficult task of establishing that his counsel was ineffective, either because counsel performed insufficient investigation or because counsel did not utilize the exculpatory evidence
in the prosecutor's open file.
Disclosure of exculpatory evidence
was a contentious issue in the Lubanga trial.
Even if the Eighth Circuit declines to adopt the newly-presented evidence rule in all circumstances, at a minimum it should apply this standard in cases where the underlying claim is ineffective assistance of counsel for failure to present exculpatory evidence
Maitre Catherine Mabille, Lubanga's lawyer, quite rightly complained at Ocampo's disrespect by not attending court that day and protested that the defence still had no access to the exculpatory evidence
Ocampo had sought to withhold.
Brady" and "Brady material" refer to the holding of the Brady case and the numerous state and federal cases that interpret its requirement that the prosecution disclose material exculpatory evidence
to the defense.
The Supreme Court has consistently held that a criminal defendant has a constitutional fight to "a meaningful opportunity to present a complete defense" through the presentation of exculpatory evidence
There are too many stories of convictions obtained through subornation of perjury, through suppression of exculpatory evidence
, and through the willful use of unreliable, wrongfully obtained confessions.
In this situation, the defense made no request for exculpatory evidence
at all, nor did it ask for "all Brady material" or "anything exculpatory.
In addition to exculpatory evidence
, the military also recognizes
Mr Hurtig said: "I have been briefly allowed to see other exculpatory evidence
but I have not been permitted to make copies to show my client.