Yesterday I included the Milke case as one of my favorite Brady decisions. For the non-lawyers, Brady refers to the U.S. Supreme Court case of Brady v. Maryland which held that when the government withholds exculpatory evidence it is a violation of due process “where the evidence is material either to guilt or to punishment.”
Think of it this way, you are charged with a crime and there is evidence that you may actually be innocent. The police, or the prosecutor, have evidence that helps you show you are not guilty. The Brady case, and a long list of subsequent cases, hold that if the State does not turn over this evidence it is a violation of your right Due Process rights.
It was just announced the State of Arizona will attempt to convict Ms. Milke despite what we have now learned about the State’s evidence. Read the Arizona Republic’s Michael Kiefer’s article for the latest update: http://tinyurl.com/kwbtz3v