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Criminal Procedure Keyed to Ohlin
Brady v. Maryland
Citation:
373 U.S. 83 (1963)Facts
Petitioner and a companion, Boblit, were found guilty of murder in the first degree and were sentenced to death. Their trials were separate, petitioner being tried first. At his trial Brady took the stand and admitted his participation in the crime, but he claimed that Boblit did the actual killing. Prior to the trial petitioner’s counsel had requested the prosecution to allow him to examine Boblit’s extrajudicial statements. Several of those statements were shown to him; but one dated July 9, 1958, in which Boblit admitted the actual homicide, was withheld by the prosecution and did not come to petitioner’s notice until after he had been tried and sentenced. Petitioner moved the trial court for a new trial based on the newly discovered evidence that had been suppressed by the prosecution.
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