“‘There are three components of violation of the rule of disclosure first enunciated in Brady: a) The evidence not disclosed to the accused ‘must be favorable to the accused, either because it is exculpatory,’ or because it may be used for impeachment; b) the evidence not disclosed must have been withheld by the Commonwealth either willfully or inadvertently; and c) the accused must have been prejudiced. Too many Virginia prosecutors have not reviewed evidence in misdemeanor prosecution before the trial date, including the video evidence. have known Jon Katz, as friend and fellow criminal defense attorney for well over 20 years, and can say without doubt that his skills and temperament make him one of the best around.
https://katzjustice.com/disclosing-exculpatory-evi…
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