Brady v. Maryland and Undisclosed Impeachment Evidence: Statutorily Protected Confidential Records...

Brady v. Maryland and Undisclosed Impeachment Evidence

Statutorily Protected Confidential Records and Potential Brady Material

A prosecutor has a duty under Brady v. Maryland to specifically inform defense counsel of the existence of records and/or reports which contain potentially impeaching information.  The fact that such records and/or reports are made confidential by statute does not take precedence over the fact that they contain potentially impeaching information and are thus discoverable.

Nineteen-year-old defendant Brandon Stewart was alleged to have forcibly raped and digitally penetrated 15-year-old Doe 1; his cousin.  Originally, it was also alleged that he sexually assaulted 11-year old Doe 2.  However, Doe 2’s allegations were dropped from the complaint although she still testified against defendant as Evidence Code § 1108 character evidence (see below).  Doe 1 testified that on the November 25th, 2016, she, defendant, and her sister (Aaliyah), were all sitting together watching television in Doe 1’s home, in Oakland, California.  Surreptitiously, defendant started ....