Criminal – After-Discovered Evidence – Brady Violation

By Deborah Elkins
Published: March 30, 2009

A Hanover Circuit Court vacates defendant’s conviction of animate sexual penetration because the commonwealth breached its duty under Brady v. Maryland to disclose the alleged victim’s prior inconsistent statements to police, and defendant was prejudiced as a result. The commonwealth’s case relied upon the alleged victim’s testimony, supported by the testimony of friends in whom she ...

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