Arizona v. Krause

Brief of Amici Curiae National Association of Criminal Defense Lawyers (NACDL) in Support of Petitioner Jason Derek Krause. 

Brief filed: 05/07/2014


Arizona v. Krause

Arizona Court of Appeals; Case No. 1 CA-CR 14-0108 PRPC

Prior Decision

Decision below in Yavapai County Superior Court No. P1300CR940374.


When exculpatory evidence is first revealed after trial, a reviewing court’s prejudice analysis must include an assessment of how the defense strategy would have differed if the state had timely disclosed the information. The prosecutor has a duty to disclose exculpatory evidence. Exculpatory evidence can significantly impact trial strategy. Prejudice from belated discovery is evaluated in terms of its effect on defense preparation and strategy. Mr. Krause was harmed by the state’s failure to timely disclose the flaws in the forensic science.

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Stephen R. Glazer, The Glazer Law Office, PLLC, Flagstaff, AZ.