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Brad Heath @bradheath
, 8 tweets, 3 min read Read on Twitter
En banc 5th Cir. rules that prosecutors are not required to reveal exculpatory evidence to defendants before they plead guilty.
The case involved an altercation between a jail guard and a 17-year-old who was charged with assault. Four years after he started serving his sentence, a video of the fight "surfaced." A state court declared him actually innocent and freed him. Prosecutors didn't object.
5th Cir.: There is no constitutional right to find out about exculpatory evidence that the government possesses before you plead guilty to a crime.
Concurrence: The videos might have been "doctored evidence."
Judge Costa dissents: "It is difficult to think of greater deprivations of that liberty than the government’s allowing someone to be held in prison without telling him that there is evidence that might exonerate him."
The en banc majority notes that #SCOTUS hasn't directly addressed this issue, and that the circuits are divided.
DOJ opposed finding that due process requires the disclosure of exculpatory information before a plea because: 1) it would "impose serious costs on the criminal justice system: and 2 it's already doing it.
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