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15 Wyo. L. Rev. 139 (2015)
Brady Violations: An in-Depth Look at Higher Standard Sanctions for a High-Standard Profession

handle is hein.journals/wylr15 and id is 149 raw text is: WYOMING LAW REVIEW
VOLUME 15     2015      NUMBER 1

BRADY VIOLATIONS: AN IN-DEPTH LOOK
AT HIGHER STANDARD SANCTIONS
FOR A HIGH-STANDARD PROFESSION
DavidE. Singleton*
Great power involves great responsibility.
-Franklin D. Roosevelt
INTRODUCTION
Discovery is the pre-trial process through which each party seeks to obtain
evidence from the opposing party or parties to assess witnesses, documents, and
exhibits the other side plans to use during trial. Essentially, it aids in preventing
surprises at trial. In a criminal trial, the discovery process is more stringent than in
a civil case.1 A prosecutor has an affirmative duty to disclose material information
that is potentially exculpatory.2 Otherwise, he or she runs the risk of violating
the rule established by the United States Supreme Court in Brady v. Maryland.3
The Brady decision came down after several other cases began alluding to the idea
that prosecutors could no longer withhold evidence as part of a trial strategy. It
established the now well-known principle that prosecutors are required to disclose
all exculpatory evidence to the defense. Thus, Brady is a rule based on fundamental
fairness stemming from the Due Process Clause of the Fifth and Fourteenth
* 2014 Graduate, Wyoming College of Law. First, I would like to thank my two wonderful
and amazing boys, Dominick and Ayden. Without them, I would never have the drive to be where
I am today. Also, I would like to thank Professor Darrell D. Jackson for always pushing me to
critically analyze everything and to leave no answer unquestioned. He is an invaluable mentor and
friend. Thank you to Kellsie Nienhuser, for all of her input, edits, and patience. Last, thank you to
Brian Fuller, a friend I wish I had met sooner in law school, for his honesty, integrity, good nature,
and, of course, his input and edits.
' See, e.g., Campbell v. Eastland, 307 F.2d 478, 487 (5th Cir. 1968).
2 Brady v. Maryland, 373 U.S. 83, 87 (1963).
3Id.

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