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California Supreme Court Announces Government’s Continuing Brady Obligations and Ethical Duty of Disclosure During Habeas Proceedings Regarding Alleged Exculpatory Evidence Available at Time of Trial but Suppressed
Loaded on April 15, 2023
by Richard Resch
published in Criminal Legal News
May, 2023, page 44
Filed under:
Habeas Corpus,
Suppression,
Exculpatory Evidence - Disclosure Obligations.
Location:
California.
by Richard Resch
In a case of first impression, the Supreme Court of California announced the constitutional, ethical, and habeas procedural principles that govern postconviction proceedings in which a habeas petitioner claims that exculpatory evidence was available at the time of trial but suppressed by the government with the suppression ...
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More from this issue:
- The Business of Dying: Coroners, Medical Examiners, and the Crisis of Death Investigations in the United States, by Benjamin Tschirhart
- Wisconsin Supreme Court: Riding Same Make of Motorcycle as Reported by Police Speeding and Driving Erratically Does Not Constitute Reasonable Suspicion to Initiate Traffic Stop, by Anthony Accurso
- Fifth Circuit Announces Altered Serial Number Enhancement Does Not Apply Where Gun Never Had Serial Number, by Richard Resch
- Police Killings Reach Record High – But Also Lower than Ever Before, by Benjamin Tschirhart
- Computing Fear in Black and Brown Communities, by Michael Thompson
- How Junk Science Helped Kill Tyre Nichols, by Eike Blohm, MD
- Ohio Supreme Court Holds Termination of Community Control Is Final Discharge for Purposes of Sealing Records and Terminates Unsatisfied Condition to Pay Child-Support Arrearages, by Matthew Clarke
- Eighth Circuit: Defendant Facing Revocation of Supervised Release Did Not Knowingly and Voluntarily Waive Right to Counsel Where Appointed Counsel Admittedly Knew Nothing About Case and Advised Choosing Between ‘Big House or the Nut House’, by Mark Wilson
- First Circuit Vacates Sentence Containing 20-Year Upward Variance Because District Court Failed to Provide Case-Specific Factors or Rationale for Such a Large Variance, by Richard Resch
- Idaho Supreme Court: Drug-Detection Dog Conducted Warrantless Search by Placing Paws on Exterior of Vehicle to Sniff for Drugs, by Richard Resch
- Vermont Supreme Court Announces ‘Pinging’ Cellphone to Obtain Real-Time CSLI Constitutes a Search Requiring a Warrant or Recognized Exception, by Richard Resch
- Georgia Supreme Court: Trial Courts Are Bound to Follow Precedent of Court of Appeals, by Harold Hempstead
- A Brief History of K-9 Units in Law Enforcement, by Kevin Bliss
- Federal Habeas Corpus: The Evidentiary Hearing for Federal Prisoners, by Dale Chappell
- New York State’s Veterans Treatment Courts, by Edward Lyon
- Police Violence Ignored When It Fails to Support the Media’s Ideological Bias, by Richard Resch, Benjamin Tschirhart
- Arizona Wants to TRAC Your Financial Transactions, by Michael Thompson
- How Minneapolis Uses Controversial Technology to Spy on Its Citizens, by Michael Thompson
- Seventh Circuit Vacates Federal Drug Conspiracy Conviction Because District Court Failed to Ensure Defendant Understood ‘Agreement’ Element of Conspiracy and Failed to Ensure Factual Basis for Guilty Plea, by Mark Wilson
- California Court of Appeal: Trial Court Erred by Concluding Senate Bill 1393 Does Not Apply to Cases Already Final on Appeal, by Douglas Ankney
- The FBI Used an Undercover Cop With Pink Hair to Spy on Activists and Manufacture Crimes, by Trevor Aaronson
- Hawaii Supreme Court: Plain Error Not Providing ‘Incidental Restraint’ Jury Instruction Where Kidnapping Only Charge After Dismissing Abuse Charges Prior to Trial, by Mark Wilson
- Ohio Supreme Court Clarifies Meaning of ‘Outcome Determinative’ in Context of Motion for Postconviction DNA Testing, by Douglas Ankney
- Seventh Circuit: District Court’s Failure to Address Nonfrivolous Argument Raised in First Step Act Motion Constitutes Procedural Error in Violation of Concepcion, by Douglas Ankney
- Tenth Circuit Deepens Circuit Split on Whether District Courts May Consider ‘Retribution’ in Deciding Whether to Revoke Supervised Release, Ruling It Is an Impermissible Factor to Consider, by Richard Resch
- Supervised Release and the Erosion of Due Process Protection, by Benjamin Tschirhart
- Houston Prosecutors Profit Millions From Cash Illegally Seized, by Jacob Barrett
- California Supreme Court Announces Government’s Continuing Brady Obligations and Ethical Duty of Disclosure During Habeas Proceedings Regarding Alleged Exculpatory Evidence Available at Time of Trial but Suppressed, by Richard Resch
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- News in Brief
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More from Richard Resch:
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- SCOTUS Announces Sentence ‘Has Not Been Imposed’ for Purposes of First Step Act Retroactivity Upon Resentencing When § 924(c) Offender Sentenced Prior to Act’s Enactment but Sentence Subsequently Vacated, Aug. 1, 2025
- SCOTUS Announces Courts May Not Consider § 3553(a)(2)(A)—Retribution—When Deciding Whether to Revoke a Term of Supervised Release, Aug. 1, 2025
- Understanding Your Constitutional Rights in the ‘100-Mile Border Zone’: A Primer for Non-Citizens in the United States When Confronted by Law Enforcement, July 1, 2025
- South Carolina Supreme Court Announces Traditional Four-Element Standard for When Person Has Right to Use Deadly Force in Self-Defense Not Applicable to Non-Deadly Force Self-Defense Analysis, May 15, 2025
- SCOTUS Announces Only ‘False’ Statements Made to FDIC Are Criminalized Under 18 U.S.C. § 1014, Not Statements That Are ‘Misleading’ but True, May 15, 2025
- From the Editor Everything You Always Wanted to Know About Holdings and Dicta*, March 15, 2025
- From the Editor, Dec. 15, 2024
- New York Court of Appeals Overturns Harvey Weinstein’s Convictions Based on Trial Court Rulings That Admitted Prejudicial ‘Prior Bad Acts’ Into Evidence and Violated His Right to Testify in His Own Defense, June 15, 2024
More from these topics:
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- Fifth Circuit Announces When Initial § 2255 Petition Not Decided on Merits and Appeals Court Later Recalls Mandate Dismissing Direct Appeal and Affirms Conviction, Subsequent § 2255 Petition Not ‘Second or Successive’ Under AEDPA, Aug. 1, 2025. Habeas Corpus, AEDPA.
- Fourth Circuit Announces Counterman v. Colorado Is New Rule of Constitutional Law That Applies Retroactively to Cases on Collateral Review and Grants Authorization to File Successive § 2255 Motion, July 1, 2025. Rehabilitation/Recidivism, Habeas Corpus, Threats.
- Arguing Successful Federal Habeas Corpus Claims, June 1, 2025. Habeas Corpus, Sixth Amendment, Ineffective Assistance of Counsel.
- Ninth Circuit Grants Stay and Abeyance of Federal Habeas Petition to Allow Petitioner to Exhaust State Remedies, April 15, 2025. Administrative Exhaustion (PLRA), Habeas Corpus, AEDPA, Amendments to Petition.
- Massachusetts Supreme Judicial Court Announces State Wiretap Statute Requires Suppression of Both Audio and Video Components of Audiovisual Footage of Unlawfully Intercepted Oral Communication Showing Defendant as Party to Communication, March 15, 2025. Videotaping, Wiretap Evidence, Suppression.
- Third Circuit Grants Habeas Relief to Prisoner on Confrontation Clause and Ineffective Assistance Claims Based on Trial Court Reading Entire Criminal Information Into the Record of Co-Conspirator Who Pleaded Guilty, Feb. 15, 2025. Habeas Corpus, Ineffective Assistance of Counsel, Exculpatory No Doctrine, Confrontation Clause/Rights, Witnesses - Prior Statements/Testimony, Plea Agreements/Guilty Pleas.
- Ninth Circuit: Defense Counsel Ineffective for Failing to Move to Suppress Evidence Obtained as a Result of Police Officer Trespassing on Curtilage of Defendant’s Home, Feb. 1, 2025. Ineffective Assistance of Counsel, Motions To Suppress, Searches - Home/Curtilage, Suppression.
- Texas Court of Criminal Appeals Grants Habeas Relief in ‘Shaken Baby Syndrome’ Case, Feb. 1, 2025. junk science, Habeas Corpus, Forensic Sciences, Child Abuse/Abusers, Evidence - Admissibility.
- California Prisoner Awarded Over $1.26 Million in Suit Challenging Withheld Legal Mail Which Resulted in Habeas Loss, Jan. 15, 2025. Settlements, Habeas Corpus, Mail Regulations, Legal Mail.