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A Guide to Effective Brady Motions

By Robert W. Tarun and Deborah L. Steiner
April 27, 2006

Too often, criminal defense attorneys file boilerplate 'Brady motions' seeking in essence 'any and all information which may be favorable to the defendant and material to the issue of guilt or punishment.' Brady v. Maryland, 373 U.S. 83 (1963). Prosecutors respond in cookie cutter form that they are 'aware of their Brady obligation and will disclose such evidence when and as appropriate.' This might be on the eve of trial, mid-trial, or even post-trial. If truly pressed at the motion stage with a detailed Brady request, some prosecutors and courts have relied on Strickler v. Greene, 527 U.S. 263, 280 (1999), as grounds for denying the defense request.

The Strickler Rear-View Mirror Standard

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