Page Hero

Hero Image

‘Brady Wrapped in Jencks Packaging’

How Categories of Exculpatory Evidence Can Be Conflated to Delay Production, and How Defense Counsel Can Fight Back

Some circuit courts take the position that if evidence falls into the category of both Brady and Jencks, then Jencks takes precedence over Brady. The result? Core Brady evidence is not turned over in a timely manner. How can defense lawyers challenge the delay?