(Luttig, J., concurring) (explaining that, in cases in which exculpatory evidence
would prove beyond any doubt the innocence of the defendant, the principle of elementary fairness requires post-trial production).
(211) Although, probable cause was satisfied, the court reviewing the Hyde Amendment claim should have found that the prosecution was vexatious, frivolous, and in bad faith because the prosecutor failed to examine exculpatory evidence
in his possession.
Whitley,(90) where the Court did not perform a separate analysis of whether the information sought by the defense was exculpatory or impeaching.(91) The Court simply noted that impeachment and exculpatory evidence
were conflated, and stated that any favorable evidence must be disclosed under Brady if it is outcome determinative.(92)
Gainey added that the AG's Office supported "the court's request to consider clarifying the definition of exculpatory evidence
On appeal, she is arguing that Koffman's ruling failed to properly assess whether there is a reasonable probability that a jury would not have convicted Prewitt if she had been able to obtain exculpatory evidence
through testing prior to trial.
The court is asking for comments on a proposed duty to point out exculpatory evidence
when prosecutors know it is obscured in bulky discovery disclosures.
And Giuliani publicly claimed in July 2018 that the tapes would vindicate Trump's denial of involvement in the Stormy Daniels payoff and prove "powerful exculpatory evidence
." It would have been hard to claim privilege after those statements.
In addition, they require a showing that OAT has cured the problems that led to the lab's failure to disclose exculpatory evidence
A prosecutor has three legal obligations pursuant to the Due Process clause of the United States Constitution: (1) disclose all exculpatory evidence
in its possession (Brady); (2) preserve and make available to the defense any exculpatory physical evidence which the accused cannot otherwise obtain, and which may be material to the defense (Trombetta); and, (3) a duty to provide impeachment information, a duty not to knowingly proffer perjured testimony and a duty to correct any perjury of which the prosecutor may become aware (Giglio).
It was only when their cases went to trial that word leaked out that the feds had played fast and loose with the expectations of justice by hiding exculpatory evidence
from defense counsel, wildly overcharging defendants with crimes that didn't fit the facts, and lying about the use of snipers and other provocative and potentially lethal conduct.
The then-DA's office also faced accusations of hiding exculpatory evidence
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."