Discovery

Still Brady v. Maryland

July 17, 2012 Criminal Procedure

The prosecutor can hardly blame me for being skeptical.  I ask her about one of the counts that was dropped from the complaint, and she tells me it was because the complaining witness said a few things to her that didn’t add up. “That’s Brady, then,” I tell her.  I feel a little badly because [...]

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Cue the Radiotape

May 25, 2012 Discovery

I am a middle-aged man with some life experience. I have been doing criminal defense for a while now. Just yesterday I posted how many police officers “editorialize” when testifying. Still, I continue to be surprised – each time anew – every time a police officer gets up on the stand and lies. I should [...]

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Complaints, Excuses, and Justifications after a Lost DWI Trial

February 3, 2012 Discovery

Before beginning my practice in Virginia, I went over to traffic court in Fairfax County to observe, and was struck by the large number of DWI cases that pled. One piece of blue paper after another was passed up to the judge, with the defendants lining up to accept responsibility for their offense. These guys [...]

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Dancing with the Prosecutor at a Preliminary Hearing

March 25, 2011 Discovery

When it comes to preliminary hearings, prosecutors want to have their cake and eat it too.  And the court will often indulge them. Not wanting to tip their hand, prosecutors usually try to put on as little of their case as possible at a preliminary hearing. The more they let their witness testify, the greater [...]

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