For defense attorneys and defendants in Utah, understanding the nuances of Brady obligations—and how to leverage them—can make the difference between conviction and acquittal.
What Is a Brady Violation?
A Brady violation occurs when prosecutors fail to disclose evidence that is material to the defense—whether it supports a defendant’s innocence, undermines the credibility of a key witness, or weakens the prosecution’s case. Under constitutional law, prosecutors are required to disclose such evidence, whether or not the defense requests it.
But the enforcement of Brady obligations is often inconsistent. In some cases, evidence is withheld due to oversight; in others, it is a willful act – a troubling reality that has led to overturned convictions and high-profile exonerations.
The Utah Supreme Court has reinforced these requirements, emphasizing that suppression of exculpatory evidence—whether intentional or negligent—violates due process under both the U.S. Constitution and the Utah Constitution. However, proving such violations remains a challenge.
Mandatory Disclosures by Prosecutors in Utah
Under Utah law, prosecutors are required to disclose specific types of evidence directly related to a case, provided they have knowledge and control over it. These mandatory disclosures include:
- Statements by the Defendant and Co-defendants: Written or recorded statements, along with any oral statements made to law enforcement.
- Scientific and Forensic Evidence: Reports and results from physical or mental examinations, identification procedures, and scientific tests.
- Physical and Electronic Evidence: Items such as warrants, warrant affidavits, documents, photographs, and digital media recordings.
- Witness Statements: Written or recorded statements from witnesses.
- Law Enforcement Reports and Notes: Reports prepared by law enforcement officials and any notes not incorporated into formal reports.
- Exculpatory Evidence: Any evidence favorable to the defendant that is material to guilt or punishment, as required under both the U.S. and Utah constitutions.
Timing of Disclosures
Prosecutors in Utah have an ongoing duty to disclose evidence as it becomes known. These disclosures must occur as soon as practicable after an information (formal charges) is filed. However, all evidence relied upon to file the information must be disclosed within five days after the defense requests discovery.
Additionally, all relevant evidence that is readily available must be disclosed before a preliminary hearing, plea, or trial, unless the defendant waives the disclosure. This strict timeline is designed to prevent late disclosures that could unfairly disadvantage the defense.
How Utah Courts Handle Brady Violations
Utah courts follow federal precedent but also have their own interpretations of Brady obligations. Under Rule 16 of the Utah Rules of Criminal Procedure, failure to comply with disclosure rules can lead to:
- Exclusion of Evidence: Judges may suppress improperly withheld evidence.
- Mistrials or Reversals: If a Brady violation is discovered post-conviction, courts may overturn verdicts and order new trials.
- Sanctions Against Prosecutors: In extreme cases, prosecutors who repeatedly violate disclosure rules may face professional discipline or legal consequences.
Despite these safeguards, Brady violations in Utah often go undetected until long after a conviction, underscoring the importance of robust defense strategies and aggressive discovery practices.
Leveraging Brady in Defense Strategy
For defense attorneys in Utah, proactively leveraging Brady obligations is essential. Experts recommend several key strategies:
- Early and Aggressive Discovery Requests – While Brady requires prosecutors to disclose exculpatory evidence, defense attorneys should make specific requests for police disciplinary records, witness credibility materials, and forensic reports that could raise doubts about the prosecution’s case.
- Pretrial Brady Hearings – Filing a Brady motion before trial can put prosecutors on notice and force them to disclose any potentially exculpatory materials, ensuring transparency before a case proceeds.
- Use of the Utah Public Records Act (GRAMA Requests) – Defendants can seek law enforcement records through Utah’s Government Records Access and Management Act (GRAMA) to uncover evidence that might not be disclosed voluntarily by prosecutors.
- Post-Conviction Relief & Appeals – If evidence emerges after conviction, Utah law allows defendants to seek a new trial or habeas relief, arguing that prosecutorial misconduct violated their constitutional rights.
The Bigger Picture
While the legal system is designed to ensure fairness, Brady violations continue to highlight the tension between prosecutorial discretion and defendants’ rights. In Utah, the fight for transparency and justice remains an ongoing battle.
For defendants and their attorneys, understanding and asserting Brady rights is not just a legal strategy—it is a safeguard against wrongful convictions in an imperfect system.