Q: In a A&B trial If DA is aware that victim's testimony about sustaining a concussion is a lie, is that a Brady violation?
Victim testified that her injuries were severe enough that emsa took her to the hospital where she says they told her she had sustained a concussion. This was her excuse to why she couldn't remember as her answer every time defense counsel asked a relevant question to the great detail she would give when answering questions from the prosecution. No medical records were introduced of this concussion because it would not have shown any proof she sustained one. The DA knew this but made sure the jury knew she wasn't evading the defense's question, she just couldn't remember them. Is that exculpatory evidence? And prosecution misconduct? Or at least very unethical?
A: YES, it would appear to be, IF the DA had evidence that no concussion was suffered. Ask your lawyer to look into it.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
