Brady v. Maryland And The Prosecutor's Duty To Disclosre

In Brady v. Maryland, the Supreme Court addressed one of the most important aspects of the Due Process Clause and the defendant's right to a fair trial. In Brady v. Maryland, the United States Supreme Court held that a state prosecuting attorney has an AFFIRMATIVE DUTE under the Fourteenth Amendment of the Constitution to disclose evidence to the defendant that is favorable to the defendant and is material to the defendant's guilt or punishment.

The Courts have held that this rule applies to favorable material evidence extends to both exculpatory and impeachment evidence. The rule applies to both the guilt and innocence phase of the trial and the punishment phase of the trial, as well. To demonstrate reversible error for a Brady violation the defendant must show that the (1) the state failed to disclose evidence; (2) the evidence is favorable and material.

The term favorable and material means that there must be a reasonable probability that had the evidence been disclosed AND the outcome of the trial would have been different. If you have been charged with a violent crime or sex crime, contact a Plano criminal defense lawyer.