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Brady V. Maryland 373 U.S. 83 (1963)

The facts of this case is that John Brady and his companion, Donald Boblit are arrested and prosecuted for murder in the first degree. John Brady testified stating that he was involved, but did not do the actual act of killing. Their trials were separated. John Brady and his brother-in-law planned on robbing a bank to help support Brady and his wife, who was pregnant. John Brady and Donald Boblit were out on June 28, 1956 and planned on stealing the getaway car from someone that Brady knew from his childhood. Boblit ended up hitting the man on the head with his shotgun and put him inside the trunk of the stolen car. The man was strangled to death and the issue of who did the actual strangling came about. Needless to say the men never had the chance to rob the bank.

They each had their own trial because prior to the trial John Brady’s attorney made a request to see Donald Boblit’s statements that were given to the police. It was found that key pieces were withheld by the prosecution, which showed Boblit admitting to the murder. Boblit made 5 confessions, the first four confessions were him stating that Brady committed the murder and fifth one he had a completely different story. In the fifth confession he stated he was the one that killed the man. Only the first four confessions were turned over to Brady’s attorney. John Brady’s attorney stated that withholding exculpatory evidence violates due process. Brady’s attorney did not notice until he had already been tried, convicted and sentenced. A new separate trial was done for Brady only to question the type of punishment he should receive. Brady was still guilty and hoped he the jury would find him guilty of first degree murder, without capital punishment. (“Brady v. Maryland 373 U.S. 83 (1963)”)

The decision was made that both Mr. Donald Boblit and Mr. John Brady were found guilty of murder in the first degree and they were both sentenced to death.

Jury decided that there was no justification or reasoning to killing a man, whether one decided to physically do it or that the other came up with the plan. And even though the original plan was just to rob someone, both actions are felonies. After both men went to prison, Brady received a new lawyer. This lawyer then proceeded to get Brady a new trial. A new trial on whether he was guilty or not, but a trial just for his punishment, which has never happened before. End result was that Brady was moved from death row into general population and the governor granted Brady clemency, and he was eventually released from prison after he served 18 years. (“Brady vs Maryland”, 2006)

Giglio v. United States 405 U.S. 150 (1972)

The facts of this case is the petitioner was convicted of forging money orders and petitioner needed to serve a five-year prison sentence. Later on it was discovered that that the witness denied that there were no promises made for leniency. The witness lied on the stand during the cross examination. It was later found that there was a promise not to prosecute the witness. It was then asked for a new trial based upon new evidence, which in return was denied. (“Giglio v. United States case brief”, 1970)

The issue that is clearly stated is that the failure to disclose the promise of leniency and the witness lying, affects the witness’s credibility. The court then decided to reverse and remanded the case for a new trial. (“Giglio v. United States case brief”, 1970)

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