Bly v. Commonwealth

FRANK, J., with whom HUMPHREYS, PETTY, HALEY and ALSTON, JJ.,

join, dissenting.

I do not agree that appellant failed to demonstrate a Brady violation. Therefore, I respectfully dissent from the analysis and judgment in this case.

“A Brady violation occurs when the government fails to disclose evidence materially favorable to the accused.” Youngblood v. West Virginia, 547 U.S. 867, 869, 126 S.Ct. 2188, 2189-90, 165 L.Ed.2d 269 (2006) (citing Brady v. Maryland, 373 U.S. 83, 87, 83 S.Ct. 1194, 1196-97, 10 L.Ed.2d 215 (1963)). The United States Supreme Court has held that Brady obligations extend…