Saturday, January 14, 2012

See No Evil

It was easy for the Supreme Court to decide that such powerful evidence undermining the testimony of the state?s only evidence was ?material? and that there was a ?reasonable probability? that it would have made a difference at trial and that the conviction needed to be reversed (the standard under Brady v. Maryland, which entitles the defense to have such exculpatory evidence). It was, said eight justices, serious misconduct to hide such evidence. All the jury heard about was the photo array, four months after the crime, when the eyewitness first identified Smith, and then they saw him at trial, testifying with absolute confidence.

Source: http://feeds.slate.com/click.phdo?i=e72583a3d5a77bffa44fac75c1873886

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