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: Fifth Circuit BlogCert Grant Involving Brady Violations
By Brad Bogan
The new case on prosecutorial immunity (Van De Kamp, et al., v. Goldstein, 07-854) does not involve line prosecutors. Rather, it tests whether supervisory officials in the chain of command on prosecution may be sued for damages for failure to develop policies to ensure that evidence favorable to the defense is shared with defense counsel. Basicially, the appeal by two former Los Angeles officials ? a district attorney and his chief deputy ? seeks immunity for all actions within a prosecution team that relate to the obligations imposed by the 1963 Supreme Court decision in Brady v. Maryland.
SCOTUSblog has also collected cert-stage filings in the case here.
Full post as published by Fifth Circuit Blog on April 14, 2008 (boomark / email).
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