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June 06, 2013

MSC to consider issues related to Brady violation

The Michigan Supreme Court granted the application for leave to appeal in People v. Chenault. The parties shall consider among the issues to be briefed: (1) whether a previous decision of the Court of Appeals correctly articulates what a defendant must show in order to establish a Brady violation; (2) whether the Court of Appeals erred when it reversed the trial court's grant of a new trial, which was premised on the prosecution's violation of Brady; and (3) whether trial counsel rendered ineffective assistance of counsel after learning of the existence of videotaped interviews. The Michigan Supreme Court invited the Criminal Law Section of the State Bar of Michigan, the Prosecuting Attorneys Association of Michigan, and the Criminal Defense Attorneys of Michigan to file briefs amicus curiae.

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