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🗓️ 24 November 2015
⏱️ 53 minutes
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November 23, 2015 / The team continues to discuss trial preparation and answers listener questions.
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0:00.0 | Hi and welcome to the 15th addendum of Undisclosed, the State v. Adnan Sayyad. |
0:13.7 | This week's addendum is Brady. |
0:17.6 | My name is Rabia Jadri. I'm an attorney and national security fellow and I blog at |
0:21.6 | Split the Moon.com and I'm joined with my colleagues Susan Simpson and Colin Miller. |
0:26.6 | Susan is an associate at the Volkaw Law Group in Washington, D.C., and she blogs at the View from |
0:30.6 | LL2. And Collett is an associate dean and professor at the University of South Carolina School of Law, |
0:35.6 | and he's also the editor of the |
0:37.8 | evidence prof blog. |
0:39.4 | Now this week we'll be building on where we last left off, with Christina Gutierrez |
0:45.3 | fighting to get the state to hand over the evidence they were compelled to under the law. |
0:49.3 | Remember, Tina had to prepare for the trial. But even as the very first day of the first trial loomed large, |
0:55.9 | the state had refused to turn over things as vital as Jay's statements to the police. |
1:00.9 | So we'll take a look at what else they refused to hand over |
1:03.2 | and how Tina didn't court when she raised these violations as Brady motions. |
1:07.8 | And then before we wrap up, we'll get to a few listener questions. |
1:16.8 | Thank you. Brady motions. And then before we wrap up, we'll get to a few listener questions. So in episode 15, we talked about the process of discovery, the way in which the defense |
1:22.4 | gets information from the prosecution and vice versa. And we've talked extensively about Brady violations and the |
1:29.9 | prosecution's duty to produce material exculpatory evidence to the defense. Now, one way the defense |
1:35.8 | can make sure the prosecution is upholding its duties under Brady and the due process clause is to file |
1:42.0 | Brady motions asking for what's known as Brady hearings, where basically |
1:46.1 | the defense can claim that the prosecution is not turning over vital pieces of information, |
1:51.9 | whether it be expert evidence, witness statements, or physical documents. |
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