What Is a Brady Violation in Texas?
A Brady Violation is when a prosecutor withholds key evidence from a defendant, which is unconstitutional.
When a person faces criminal charges in Texas or federal court, they are guaranteed certain constitutional rights, such as the right to competent legal counsel, the right to be presumed innocent until proven guilty, and the right to see all evidence that could help their case. When respected, these rights are the cornerstone of what makes the United States the land of the free.
Unfortunately, there are instances where a defendant’s rights are not upheld. This can have horrific consequences, even resulting in wrongful convictions or overly harsh punishments. At Chris Perri Law, a criminal defense law firm with a focus on fighting unjust convictions throughout Texas, we see this happen more than it should.
In this article, we discuss a particularly vital right, the Brady Rule, and the consequences of its infringement, which is called a Brady Violation. We also explain how to rectify this wrong should it happen to you or someone you love, such as through a Chapter 11.07 writ of habeas corpus.
If you need help with a wrongful conviction matter now, please call Chris Perri Law at (512)269-0260.
First Off, What Is the Brady Rule?
The law states that every criminal defendant has the right to see all of the prosecution’s exculpatory evidence, which is evidence that could cast doubt on a person’s guilt. This legal right is known as the Brady Rule, which the U.S. Supreme Court established in 1963 after hearing the case, John Brady v. Maryland.
In this historic case, the Supreme Court ruled that if John Brady and his defense attorneys had had access to all of the prosecution’s materials – including testimony by his codefendant that Brady had not committed the murder they were both accused of – then he likely would not have been convicted. The stakes were high, as Brady was sentenced to the death penalty.
Thankfully, this Supreme Court ruling allowed his conviction to be reversed and clarified this right for anyone facing legal charges moving forward. In 2020, federal lawmakers signed the Due Process Protections Act into law, which strengthened the Brady Rule and required judges to remind prosecutors of their constitutional duty to disclose all key evidence before every trial.
What Is a Brady Violation?
Texas state and federal prosecutors who withhold evidence that could potentially help the defense’s case are violating the law. When they do so, this is called a Brady Violation. It is the prosecutor’s legal duty to pass on any exculpatory evidence – including from the police investigation or otherwise – to the defense.
If a criminal defense attorney can prove that the prosecution violated the Brady Rule, then a defendant may be eligible for a new trial. However, for state or federal courts to agree that a Brady Violation occurred, three facts must be proven:
1. That the evidence was indeed withheld from the defense. It does not matter whether the prosecution acted intentionally or not. Even if they withheld evidence by accident, it is still a serious infringement on the defendant’s legal rights.
2. That the evidence was exculpatory and thus could have helped the defense’s case. Withholding evidence is only a legal violation if one can persuasively argue that the evidence would have been favorable to the defendant or their defense attorney’s theory of the case.
3. The evidence would have been “material.” This means that the presentation of the evidence at trial or in plea negotiations would have likely changed the outcome of the case. Sometimes, judges will agree that the prosecutors withheld pro-defense evidence, but they are not swayed that it would have changed the end result. Thus, the prosecutor’s withholding is not deemed an unconstitutional Brady Violation.
Examples of Brady Violations
While every example of a prosecutorial Brady Violation would be too many to list here, some include:
Withholding physical or scientific evidence, such as camera footage or test results
Failing to disclose information that casts doubt on witness credibility
Concealing evidence found in a police investigation
Not sharing information about other potential suspects
What To Do If You Think a Brady Violation Has Occurred
The next steps to take following the discovery of a possible Brady Violation depend on where you or your loved one are in the legal process.
What You Should Do During Active Case Proceedings
If you or a loved one is currently awaiting trial, in trial, or trying to negotiate a plea deal, and you believe the prosecution may be withholding favorable, material evidence, then it is vital that your criminal defense lawyer raise these issues with the presiding judge.
If persuaded, the judge may rule a mistrial or instruct the prosecution to share the exculpatory evidence, which could alter the case outcome or possibly lead to dropped charges altogether.
Even if the judge does not agree with your defense counsel’s argument that there was a Brady Violation, they will have to “rule on the record,” which essentially means they have to formally justify their opinion. Making the judge rule preserves the record, or ruling, and an appellate attorney can later challenge their ruling on appeal.
What You Should Do Following a Criminal Conviction
If you or a loved one have been convicted of a crime yet you believe a Brady Violation occurred, an experienced post-conviction criminal defense lawyer, such as Chris Perri, may be able to help by arguing to the higher Appellate Courts that the prosecution violated the defendant’s Brady rights. If the Courts are successfully persuaded that a Brady Violation occurred, then the defendant may have their conviction overturned and be eligible for a new trial.
There are essentially two paths for an appellate attorney to raise the claim of a Brady Violation:
Criminal appeals, which focus on trial ruling errors.
Writs of habeas corpus, which allow defendants to argue ineffective assistance of legal counsel, argue prosecutorial misconduct, introduce new evidence, and more.
A skilled post-conviction defense lawyer can help you decide which route makes the most sense for your unique situation. The most important thing is to act fast, as there can be time constraints on when you can make a claim.
Chris Perri Law Has Successfully Overturned Wrongful Convictions
An award-winning criminal defense attorney with two decades of experience practicing post-conviction criminal law across Texas, Chris Perri has successfully helped clients overturn wrongful guilty verdicts. He has extensive knowledge and a meticulous understanding of Chapter 11.07 Writs of Habeas Corpus, 2255 Federal Writs of Habeas Corpus, and other legal avenues to raise legal injustices, such as Brady Violations, and restore one’s freedom.
If you or someone you care about has been convicted of a crime, yet you don’t feel the outcome was fair, please call Chris Perri Law at (512)269-0260 or visit www.chrisperrilaw.com. We offer free, confidential, and nonjudgmental consultations by phone, Zoom, or at our office location in Austin, Texas.
No matter your situation, we are here to help.