Is Brady disclosure the same in federal court as it is in state court?

Asked over 1 year ago - Denver, CO

state courts require discovery but federal courts do not from what im being told? so would a brady disclosure be the same in both court systems?

Attorney answers (3)

  1. Daniel Nelson Deasy

    Contributor Level 20

    8

    Lawyers agree

    Answered . If you are referring to Brady material, as that term is used in the criminal justice system then yes -- the Brady disclosure rules are applicable in both systems. If someone is telling you otherwise, remind them that Brady was a United States Supreme Court case and its applicability is universal -- then ask them why they don't think that is the case.

    Good luck.

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship.... more
  2. Joshua Sachs

    Contributor Level 19

    9

    Lawyers agree

    Answered . Brady is a rule of federal constitutional law pronounced by the United States Supreme Court, and it applies to all criminal proceedings, state and federal. Details of discovery practice vary between states and between state and federal courts, but the Brady requirement is common to them all.

  3. Clifton L Black

    Contributor Level 12

    6

    Lawyers agree

    Answered . Yes, Brady applies to both state and federal courts. The Brady case, stands for the proposition that the prosecution must disclose exculpatory evidence to the defense. Exculpatory evidence is evidence that would have made the conviction or sentence different had the exculpatory evidence been released.

    Marijuana is against federal law. Federal law supersedes state law. A person could be charged and convicted for... more

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