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A Brady Primer: John Leo Brady – The Defense Lawyer's Best Friend
Prosecutors are required to turn over more than exonerating evidence, and their Brady disclosure obligation is not limited to information about which they have actual knowledge. Rather, the prosecutor has a nondelegable duty to learn of Brady information in the case. But defense lawyers cannot be naive and expect the prosecutor to go out and look for evidence that will free their clients. Motions must be filed, hearings set, and follow up conducted so that every stone is unturned.