Violation of Fourteenth Amendment Due Process Rights

542 Words Feb 17th, 2018 2 Pages
During his trial hearing Brady admitted to participating in the organization and forethought of the crime with a partner, although plead that he himself did not commit the crime. After disclosing his involvement, Brady’s lawyer admitted to his guilt but asked for a lesser penalty since Brady didn’t commit the murder. Before trial Brady’s council asked for all relevant information to the trial and were given most, but not all of it. The withholding of evidence was a violation of due process laws in which a new trial was requested. A new trial was granted but only for sentencing and not a retrial of fact.

PROCEDURAL HISTORY Brady was convicted of murder in the first degree even though he proclaimed not have committed the murder and that his partner in crime carried out the deed, no pun intended. His accomplice had admitted to committing the murder in a separate trial which Brady learned of later on. The confession of his accomplice was suppressed and not shared with the defense as it had been requested. After the defense learned of this suppression, an appeal was filed and remanded the case for retrial of sentencing only. The United States Supreme Court upheld the decision and confirmed while the withheld evidence did violate the due process clause, it didn't prove innocence and a granting just a new sentencing trial was legal.


 Were Brady’s Fourteenth Amendment due…