top of page
Search

Prosecutor Has Duty to Disclose Evidence for Alleged Brady Violation Claim

In re Jenkins Docket: S267391, Opinion Date: March 27, 2023. The Supreme Court reversed the judgment of the court of appeal denying Petitioner's petition for writ of habeas corpus, holding that the Attorney General has both a constitutional and an ethical duty to disclose evidence in response to a petition for writ of habeas corpus alleging a Brady violation under certain circumstances. In her habeas petition, Petitioner asserted that the People had suppressed evidence at trial in violation of Brady v. Maryland, 373 U.S. 83 (1963), that would have supported her claim of self-defense. The court of appeal concluded that the evidence was not material under Brady and denied the habeas petition. In her petition for review, Petitioner argued that the Attorney General violated her due process rights by suppressing the same evidence that had formed the basis of her Brady claim. The Supreme Court reversed, holding (1) the respondent to a petition for a writ of habeas corpus alleging a Brady violation has a duty to disclose evidence forming the basis of the Brady claim under certain circumstances; and (2) remand for further proceedings was appropriate in this case.


Legal Services You Can Trust


Susan E. Lawrence, MD, Esq.

Attorney at Law

2851 West Avenue L #302

Lancaster, CA 93536


> Comprehensive Case Reviews > Integrity > Investigations > Track down witnesses

> Dedicated > Locate exculpatory evidence > Honesty > Obtain declarations/affidavits

> Interview witnesses > 1385 petitions > 1170.03 Resentencing > Conviction Review Unit applications > Actual innocence > Passionate Criminal Justice Reform Advocate


Call Paralegal Nick Woodall at: (213) 572-6227 or email: info@possesolutions.com






35 views0 comments

Recent Posts

See All

Comments


bottom of page