Evidence Objections: Part 2: Analyzing Brady, Agurs, Giglio and Kyles
Tuition for sitting judges fully funded by NJC scholarship
199
Days & Times
11 a.m. PDT/Noon MDT/1 p.m. CDT/2 p.m. EDT
Course Location
Online
Course Fees
Tuition for sitting judges fully funded by NJC scholarship
$199
Codified rules of evidence provide judges with a framework for ruling on most evidence objections, but because evidence rules are subject to constitutional requirements, judges often must also apply vaguely defined principles arising under the Due Process, Compulsory Process, and Confrontation Clauses. This three part series will guide judges through the proper analysis for constitution-based evidence objections.
PART 2: WHAT TRIAL JUDGES MUST KNOW ABOUT BRADY, AGURS, GIGLIO AND KYLES
The largest-ever study of Brady violations, published in 2025, highlights the frequency of violations and the variety of causes and, ultimately, concludes that preventing Brady errors is “more productive than punishing bad-faith” violators or reversing decades-old convictions after violations are discovered. Because the Constitution, as interpreted, mandates pretrial disclosure, the first line of protection is the trial judge. During this session, judges will examine the constitutional requirements and develop measures for preventing good-faith as well as intentional violations.
Tuition for sitting judges fully funded by NJC scholarship $199
Scholarship assistance makes NJC courses more affordable for judges.
During this course, you will learn to:
- Outline the underlying constitutional principles that are honored by the Supreme Court’s constitutional disclosure requirements;
- Identify and apply the constitutional disclosure requirements set forth in Brady, Agurs, Giglio, Kyles, and other Supreme Court precedent;
- Evaluate various methods for monitoring compliance; and
- Develop a pre-trial protocol that will facilitate compliance.
Codified rules of evidence provide judges with a framework for ruling on most evidence objections, but because evidence rules are subject to constitutional requirements, judges often must also apply vaguely defined principles arising under the Due Process, Compulsory Process, and Confrontation Clauses. This three part series will guide judges through the proper analysis for constitution-based evidence objections.
PART 2: WHAT TRIAL JUDGES MUST KNOW ABOUT BRADY, AGURS, GIGLIO AND KYLES
The largest-ever study of Brady violations, published in 2025, highlights the frequency of violations and the variety of causes and, ultimately, concludes that preventing Brady errors is “more productive than punishing bad-faith” violators or reversing decades-old convictions after violations are discovered. Because the Constitution, as interpreted, mandates pretrial disclosure, the first line of protection is the trial judge. During this session, judges will examine the constitutional requirements and develop measures for preventing good-faith as well as intentional violations.