Legal Opinion
People v. Ward
Superior Court of The Virgin Islands
Decided May 26, 2011No. Criminal No. F264/2008Published
1Opinion of the CourtHollar, Judge
MEMORANDUM OPINION
(May 26, 2011)
I. INTRODUCTION
Since 2008, the prosecution in this case has either suppressed or failed to timely disclose Brady/Giglio1 evidence. Undaunted by the granting of two (2) new trials, this unabated conduct has persisted. Recently, the Court has uncovered additional Brady evidence. Significantly, this evidence is “material,” prejudicial, intentionally withheld and yet to be disclosed by the prosecution. The issue therefore to be resolved is whether the pattern of recurring violations by the prosecution warrants this Court to exercise its supervisory/inherent powers…
2Cases cited34 opinions
- Brady v. MarylandSupreme Court of the United States · 1963
- United States v. BagleySupreme Court of the United States · 1985
- Giglio v. United StatesSupreme Court of the United States · 1972
- Kyles v. WhitleySupreme Court of the United States · 1995
- Napue v. IllinoisSupreme Court of the United States · 1959
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