Summaries of Successful Cases Under Brady v. Maryland

 

In the landmark case of Brady v. Maryland , 373 U.S. 83 (1963), the Supreme Court declared that, regardless of the good faith or bad faith of the prosecution, the suppression of evidence favorable to the accused violates due process where the evidence is material to either guilt or punishment.

In the more than forty years since the Brady decision, the scope of its mandate has been found to include both direct evidence and impeachment evidence which is favorable to the defendant. The duty of disclosure is not limited to evidence in the actual possession of the prosecutor. Rather, it extends to evidence in the possession of the entire prosecution team, which includes investigative and other government agencies. Kyles v. Whitley , 514 U.S. 419 (1995); see also Strickler v. Greene , 527 U.S. 263, 275 at n.12 (1999).

A failure on the part of the government to disclose Brady material requires a new trial, or a new sentencing hearing, if disclosure of the evidence creates a reasonable probability of a different result. As the Court explained in Kyles, "the adjective is important," and "[t]he question is not whether the defendant would more likely than not have received a different verdict with the evidence, but whether in its absence he received a fair trial, understood as a trial resulting in a verdict worthy of confidence." Kyles, 514 U.S. at 434.

In Napue v. Illinois , 360 U.S. 264 (1959), the Supreme Court held that a conviction obtained through use of false testimony, known to be such by representatives of the State, is a denial of due process. The Court further ruled that there is also a denial of due process when the State, though not soliciting false evidence, allows it to go uncorrected when it appears.

The following summaries catalogue successful or important cases concerning Brady/Napue and their progeny.

SUCCESSFUL BRADY/NAPUE CASES (updated September 2009)

CASES REMANDED OR HEARING GRANTED BASED ON BRADY/NAPUE CLAIMS (updated September 2009)

UNSUCCESSFUL BUT INSTRUCTIVE BRADY/NAPUE CASES (updated September 2009)

ONGOING DUTY TO DISCLOSE EXCULPATORY EVIDENCE CASES (updated September 2009)

If you know of other successful or instructive Brady/Napue cases not included in these If you know of other successful or instructive Brady/Napue cases not included in these documents please advise Wendy Peoples at wendypeoples@earthlink.net.