Discovery/Disclosure & Pleas

What is P’s basic constitutional disclosure obligation? If P violates this, what is the remedy?

P must disclose any exculpatory information to the accused (called Brady material); Remedy is a new trial

Does Brady material extend to information that could help impeach a government witness?

yes, in addition to evidence that directly exonerates D

Does D need to request production for P’s constitutional obligation to be triggered?

No; automatic/P must send regardless

What is the test for materiality for P constitutional obligations?

Reasonable probablity that had the evidence been disclosed to the defense, the result would have been different; no bad faith necessary

Can P make waiving right to Brady materials a condition of a plea offer?

Yes

What are P’s disclosure obligations?

D’s oral statement in response to govt interrogation if D knew it was a govt agent and P intends on using it at trial

D’s written or recorded statement or D’s GJ testimony under same circumstances as above

D’s prior record

Documents and objects

Reports of exams and tests

Expert witnesses

What are D’s disclosure obligations? When are they applicable?

Documents or objects

Reports or tests

Summaries of expert testimony

Applicable only if D requested discovery and P complied

Must D produce reports or docs prepared by D, D’s atty, or D’s investigator?

No

Must D produce statement made by D, D’s atty, D’s agent, or D’s witness?

No

If D has not compelled with obligation to disclose a witness before trial, what can the court do?

Ct can impose sanction of witness exclusion

What are the 3 types of guilty pleas?

1. Traditional: D admits guilt

2. Plea of nolo contender: D doesn’t admit guilt or innocence

3. Alford plea: D insists they are innocent, but nonetheless enters a guilty plea

Can D plead without a plea contract from P?

Yes, can go for open sentencing instead

What must courts verify when accepting plea deal?

Plea is competent, intelligent, and voluntary

Does a plea offering incarceration instead of death impact voluntariness?

No

Does a threat to increase charges significantly if D doesn’t plead impact voluntariness?

No

Under what circumstances can D appeal even after pleading guilty?

1. Appellate claim challenging the constitutionally of the statute of conviction/govt’s power to constitutionally convict D, AND

2. D’s appellate argument can be evaluated without making a new record

What can the court do if plea agreement obligates govt to make sentencing recommendation and govt didn’t do that?

Specific performance or withdrawal of plea