Brady Motion (Legal Definition And Why It’s Important)

Quote:A Brady Motion is a type of motion filed by a defendant in a case requesting evidence relating to a material witness that may be beneficial for its case.

The term “Brady” comes from the 1963 U.S. Supreme Court case Brady v. Maryland where the Supreme Court indicated that there is a violation of due process when the prosecutor suppresses evidence favorable to the defendant having requested it (Brady rule).

In light of the Brady case, prosecutors are required to disclose any evidence, material, or information available to them or in their possession allowing the defendant to prove his or her innocence by:

Impeaching the credibility of the prosecutor’s witnesses
Exculpate the accused in any other way
In the same vein, evidence that may help the accused get a reduced sentence should also be disclosed by the prosecutor.

When the defendant accused of a crime believes that the prosecution is withholding material evidence, it can file a Brady Motion to require them to disclose the evidence they may have.

For example, the defense attorney may file a motion to access:

Video footage showing the defendant did not do the crime
Police records showing that someone witnessed the crime and can identify the true identity of the criminal
Material evidence bearing fingerprints

Following the filing of a “Brady Motion”, just like any other motions filed in court, there may be a hearing on the matter (Brady hearing) where the parties provide their legal positions and arguments to the court.

If the court believes that there is material evidence to be communicated, it may render an order requiring the prosecutor to disclose the evidence (Brady disclosure).

Alternatively, if the prosecutor does not contest the Brady Motion, it may provide the Brady disclosure without the need of holding a hearing and getting a court order.

Crews: I don't know what Brady Motion is...
Biden: Isn't that what I did in front of the Pope?

Sen. Kennedy’s was not asking Judge Crews to explain some obscure/arcane point of law. A “Brady motion” is absolutely one of the most basic elements of criminal procedure in the United States today. Sort of like asking a prospective baker what sugar is, or salt. And Kato Crews had not the slightest clue.

It's embarrassing how unqualified everyone in the idiot administration is. I mean, these are not exactly "gotcha" questions.

Equity hire.

How in the hell can a sitting judge/magistrate have no idea what a Brady motion is?

Another bobble head yes man box checker nominee.

(03-23-2023 12:24 PM)rath v2.0 Wrote:  How in the hell can a sitting judge/magistrate have no idea what a Brady motion is?

Another bobble head yes man box checker nominee.

You know, the thing.... boxes and check marks and stuff like that.

That is pretty bad.

He’s soon to fail all the way up to the SCOTUS. Just ask kumala….