Alex Kozinski, the chief judge of the 9th Circuit United States Court of Appeals highlighted Brady violations in a recent decision.
Brady refers to the landmark United States Supreme Court case of Brady v. Maryland, which requires prosecutors to share material and exculpatory information with the defense.
Unfortunately, that obligation is not always followed. In his dissent, Chief Judge Kozinski wrote: “There is an epidemic of Brady violations abroad in the land. Only judges can put a stop to it.”
Although Chief Judge Kozinski may be correct that only judges can stop Brady violations, an aggressive attorney will often be able to find helpful evidence that the prosecution has attempted to conceal.