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Discovery and Metadata

Good article in the Connecticut Law Tribune about a right to discover metadata.  I've long argued (with no success) that metadata should be available in criminal cases, under Brady v. Maryland.  Any document produced by police departments gets invariably more inculpatory, i.e., the last draft of a search warrant or witness statement will cast the defendant in a more negative light than earlier drafts.  Might an earlier version reveal exculpatory facts that a later version has omitted?  If so, wouldn't that be exculpatory under Brady v. Maryland?  Try it out and let me know if you have better luck.

Full post as published by Crime & Federalism on February 23, 2009 (boomark / email).