Brady in Mil. Jus.

7/16/2020

Michel's post below, and Phil Cave's response, makes me wonder how often Brady violations occur at courts-martial.

Then-Chief Judge Kozinski wrote in 2013: "There is an epidemic of Brady violations abroad in the land. Only judges can put a stop to it." United States v. Olsen, 737 F.3d 625, 626 (9th Cir. 2013) (Kozinski, CJ, joined by Pregerson, Reinhardt, Thomas, & Watford, dissenting from denial of rehearing en banc).

Is the same true in the military?

Brenner Fissell

EIC

Scott

7/16/2020 05:51:04 pm

Sadly I think this is absolutely true in the military.

Even more problematic in that Article 46 “equal access” has been curtailed so sharply in 120 cases, and Article 32 has been gutted in all cases.

That is NOT at all to suggest that either equal access to witnesses or a robust Article 32 in any way negates the government’s Brady obligations. But when defense is so severely limited in gathering evidence on its own, it becomes correspondingly more dependent on the government to make the proper disclosures.

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Brady in Mil. Jus.

Brenner Fissell

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