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.

(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?

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