:thinking: Could it be possible.... that the Def asks that Dr. Diamond be allowed to testify? Since the Def didn't get their discovery from the State until late Thurs? Kilgore evidently gave the Judge something or it appeared to me when she again asked the State on Thurs prior to dismissing the jury for the day.
Minor4 can you and/or other attorneys weigh in on this? Could this still happen? And does this mean the jury would be made aware of the violation? Thank you
Snip:
a fair trial remedy http://www.yalelawjournal.org/pdf/260_waifagsn.pdf
I propose that when suppressed favorable evidence comes to light during or
shortly before a trial, the trial court should consider instructing the jury on
Brady law and allowing the defendant to argue that the government’s failure to
disclose the evidence raises a reasonable doubt about the defendant’s guilt. I
call this a “fair trial remedy,” because instead of curing the Brady violation
through reversal on appeal, the remedy corrects the trial itself. 29 In
contributing to a jury’s decision to acquit, the remedy would provide more
immediate relief than a postconviction reversal. Yet, because the remedy would
not free or even grant a new trial to defendants of whose guilt the government
has sufficient evidence, the remedy would not run afoul of those who decry the
social costs of other “punishments” for prosecutors, such as overturning
convictions or dismissing charges.
29. The idea of a “fair trial remedy,” of trying to fix a pretrial constitutional error at trial, was
first suggested to me by its mention in the speedy trial context in AKHIL REED AMAR, THE
CONSTITUTION AND CRIMINAL PROCEDURE: FIRST PRINCIPLES 101(1997).
) better today than Monday. Yes let that niece rest, 