Disclosing exculpatory evidence is the obligation of all prosecutors. As a Fairfax criminal defense lawyer, I know that prosecutors risk running afoul of this Brady disclosure rule by not making full inquiry of the police in the case and by not erring on the side...
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...
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 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...
