Experience • Integrity • Tenacity • Results

How Brady vs. Maryland can help your defense

On Behalf of | Sep 11, 2023 | Criminal Defense |

If you are facing criminal charges, the potential consequences of a conviction can feel overwhelming. However, the Supreme Court decision in Brady vs. Maryland can assist in your defense.

The landmark 1963 decision ensures that due process is upheld and your rights are protected.

Who was Brady?

The “Brady” in Brady vs. Maryland refers to John Leo Brady. Brady and his accomplice, Donald Boblit, committed a robbery that ended in the victim’s death. Both men were charged with first-degree murder. However, while Brady admitted to being part of the robbery, he stated that it was Boblit who committed the murder.

Brady was convicted of first-degree murder and sentenced to death. He appealed his sentence with the argument that prosecutors withheld a key piece of evidence where Boblit admitted to committing the murder. That evidence may have changed the jury’s decision.

The Supreme Court agreed, stating that withholding evidence violated Brady’s right to due process. From that came the Brady Rule that states prosecutors must disclose any evidence that may be favorable to the defendant.

The rule is crucial in preventing a wrongful conviction and ensuring a fair and just trial. This is reinforced in Section 39.14 of the Texas Code of Criminal Procedure. If there is a violation of the Brady Rule, the court can provide remedies, such as ordering a new trial or dismissing charges.

Having access to all of the prosecutor’s evidence can be beneficial in building a strategic defense. With a potential criminal conviction on the line, you must work with someone who will protect your rights and ensure you receive due process and a fair trial.

FindLaw Network
Avvo Rating 10.0 Superb Top Attorney Criminal Defense | Reviews Charles T. Ganz Avvo | Avvo Rating 10.0 Charles T. Ganz Top Attorney
Rated By Super Lawyers | Charles T. Ganz | Selected in 2017 | Thomson Reuters
Rated By Super Lawyers
LC | Lead Counsel Rated
The National Trial Lawyers | Top 100 | Trial Lawyers
Martindale-Hubbell | Client Champion | Gold 2020