Section 7.17 Exculpatory and Mitigating Evidence

• Library: Criminal Practice 2012 Supp

9. (§7.17) Exculpatory and Mitigating Evidence

Rule 25.03(A)(9) requires the state to disclose in response to a request by the defendant any material or information within the state’s possession or control “which tends to negate the guilt of the defendant as to the offense charged, mitigate the degree of the offense charged, or reduce the punishment.” But the state must disclose exculpatory and mitigating evidence to the defendant even without a request under the holding in Brady v. Maryland, 373 U.S. 83 (...