Discovery Reform

Legislative Victories

Texas passed the Michael Morton Act, SB1611. On May 16, Governor Rick Perry signed the Michael Morton Act into law.  See bill analysis here.  The act requires prosecutors to hand over all exculpatory evidence to the defense.

Louisiana passed HB371, An Act Relative to Discovery Reform.  See engrossed bill here 

Brady v. Maryland 

The Supreme Court's holding in Brady v. Maryland requires the prosecutor to disclose to the defense all information favorable to the accused, pertaining to either the determination of guilt or imposition of sentencing. As many commentators have observed, the rule of Brady is simply not the rule in our courts. The resulting injustice - as evidenced by persistent claims and findings of the suppression of favorable information and actual wrongful convictions  - calls for real change. NACDL supports codification of the prosecution’s obligation to provide discovery to the defense of all information favorable to the accused. 

INTERVIEW WITH STEVENS’ COUNSEL

NACDL held a live webcast interview with the late Senator Ted Stevens’ attorney Robert M. Cary, of Williams & Connolly LLP, who discussed the ramifications of the case and the investigation, and the future of federal discovery reform. 

 

News Conference - Introduction of the Fairness in Disclosure of Evidence Act

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Federal Reform Legislation

America Needs Sensible Discovery Reform

 

Reform Proposals

Reports

Academic Articles

Department of Justice Policies

Open-File Discovery Laws

 

News Of Interest

"DOJ Challenges Reversal of Sanctions in Ted Stevens Case," by Mike Scarcella, The Blog of Legal Times, June 17, 2013.

"Sea change in criminal jurisprudence becomes law," by Mark Ballard, The Advocate (Baton Rouge), June 16, 2013.

"District attorney revises policy on police misconduct disclosure," by Jack Leonard, Los Angeles Times, June 11, 2013.

"Sharing details between lawyers may change in Va.," by Scott Daugherty, The Virginian-Pilot, May 29, 2013.

"Editorial: Beyond the Brady Rule," The New York Times, May 18, 2013.

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