(124) Creating a partial open-file discovery procedure that allows a defendant to view all of the prosecutor's non-impeachment evidence (including all exculpatory
evidence) pre-plea is consistent with the constitutional obligation created by Brady, (125) and it expands the disclosure requirement sought by the ABA.
So, that's absolutely going forward for me, an area that I will focus on and I think that it's important for defense practitioners generally to insist that the government review their own electronic communications for exculpatory
Crucial documents such as legal filings and discovery of incriminatory and exculpatory
materials are often left untranslated in the ICC and the ad hoc and hybrid tribunals.
Because the deficits caused by the nonrecourse deductions would no longer exist, the allocation of the exculpatory
liabilities would presumably be allocated based on profit shares.
"The comment proposed by the court reflects what the committee has had in mind from the start of this process, that prosecutors do not fulfill their legal obligation by producing the exculpatory
evidence as a 'needle in a haystack,'" Page said.
Finally, the state must demonstrate both that all OAT employees have received training on "the meaning of exculpatory
information and the obligations relating to it," and that all written materials used to train OAT employees on discovery have been uploaded to the portal.
The applicant further swore that there were exceptional circumstances to support his plea in that the trial court made exculpatory
findings that his intention was to rescue Oduor rather than harm him, and that he shot him in self-defence.
When taking delivery of the tables, a representative of Tower Tap signed a contract containing both exculpatory
and indemnification clauses.
The report argues that given the procedure failings, individuals on death row should be given a fair chance to obtain clemency and introduce new and potentially exculpatory
She particularly hammered the prosecution regarding exculpatory
"Brady evidence" that they are required to produce for the defense.
They have no statutory or constitutional obligation before a guilty plea to turn over discovery that helps the defendant ("exculpatory
evidence"), although the Department of Justice generally requires prosecutors to turn over exculpatory
evidence (but not evidence that could impeach a government witness) before a guilty plea.