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En banc 5th Cir.: prosecutors not required to reveal exculpatory evidence to defendants before plead
Last edited Wed Sep 19, 2018, 01:40 PM - Edit history (1)
SupersedingHat Retweeted:Legal fiction 1: If deft pleaded guilty, he must be guilty, so there can be no prejudice from withholding of Brady.
Legal fiction 2: If prosecutor doesn't turn over Brady, there can be no Brady since prosecutor is obligated to turn over Brady.
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En banc 5th Cir. rules that prosecutors are not required to reveal exculpatory evidence to defendants before they plead guilty.
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Here's the link: http://www.ca5.uscourts.gov/opinions/pub/16/16-40772-CR2.pdf …
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