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Hidden exculpatory evidence does not automatically reverse a conviction

Prosecutors risk dangerous territory not to overdisclose evidence to criminal defense lawyers. Otherwise, the prosecution must spend more energy and time -- both of which they have in short supply -- to avoid violating the Fifth Amendment's Due Process Clause “if it withholds evidence...

My visit today to Supreme Court criminal oral arguments

During each year's United States Supreme Court term, I try to attend a morning oral argument session, which typically is on a date that got continued or resolved for one of my own court dates. Today, I hit the jackpot by hearing two particularly important...

Virginia — The land that turned its back on Jencks

Virginia has not joined the jurisdictions that require providing criminal defendants a prosecution witness's written statements and substance of oral statements after the witness testifies for the prosecution. This rule is known as the Jencks Act, 18 U.S.C. § 3500. All federal prosecutions are governed...