United States v. Simmons

I agree with the holding in the principal opinion that trial counsel failed to discover and disclose exculpatory information which was either known to him or would have become known “by the exercise of due diligence.” RCM 701(a)(2)(B), Manual for Courts-Martial, United States, 1984. While I agree with Judge Crawford (infra) that trial counsel did not violate Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963), because the exculpatory evidence could have been discovered by a reasonably diligent defense counsel, I read RCM 701 as being broader than Brady. Thus, I would hold…