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Massachusetts Supreme Judicial Court Affirms Granting of New Trial in Murder Case Based on IAC Where Counsel Failed to Investigate Exculpatory Evidence Contained in a Proffer and Provided to Counsel Prior to Trial by Matthew Clarke by Matt Clarke The Supreme Judicial Court of Massachusetts affirmed the granting of a …
Article • April 15, 2023 • from CLN May, 2023
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 by Richard Resch In a case of first impression, the Supreme Court of California announced the constitutional, ethical, and habeas …
Iowa Supreme Court Announces Brady Standard Applies to Motion for New Trial Based on Withheld Exculpatory Medical Records by Douglas Ankney by Douglas Ankney The Supreme Court of Iowa announced that when deciding a motion for new trial that alleges exculpatory material from medical records was improperly withheld pursuant to …
Third Circuit: Brady Claims in Habeas Petitions Timely When Filed Within One Year of Date Reason to Believe Prosecutor Violated Duty To Disclose by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Third Circuit determined that Dennis v. Sec’y, 834 F.3d 263 (3d Cir. 2016), altered …