Keeping The DOJ Discovery Playbook Secret

Law360, New York (September 26, 2016, 9:31 AM EDT) -- Federal criminal defense attorneys often have a hard row to hoe. Usually, the facts are not on their side. And even if they are, the law isn't. In addition, federal prosecutors have the benefit of the grand jury and law enforcement agents to develop their case. Tipping the scales ever so slightly toward the defense is a defendant's right to receive exculpatory evidence pursuant to Brady v. Maryland, 373 U.S. 83 (1963), Giglio v. United States, 405 U.S. 150 (1972), and their progeny. That evidence is often crucial to mount a defense....

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