Case Law
BRADY V. MARYLAND, 373 U. S. 83 (1963)
STRICKLER V. GREEN, 119 S.Ct. 1963, 527 U.S. 263
(1999)
“There are three essential components of a true
Brady violation:
1. the evidence at issue be favorable to the
accused either because it is exculpatory, or
because it is impeaching;
2. that evidence must have been suppressed
by the state, either willfully or
inadvertently;
3. and prejudice must have ensued
Vogt Case
The suppression of the actual identity of the
“unknown male” who was present during the
confession of the crime clearly fits all three
components of a true Brady violation.
1. The identity of the unknown male was
NOT Vogt but was the McClearn, the
prosecution’s main witness who was the
only testimony or evidence that Vogt took
part in the murder of Mr. Landry. Clearly
this fact is exculpatory to Vogt as it was
not him during the confession and the jury
was lead to believe it was and impeaching
to the State’s main witness against Vogt
since this witness was the actual man
present during the confession and
commission of the crime.
2. Vogt’s defense attorney questioned the
identity of the “unknown male” during
trial believing the identity of the
“unknown male” could have been
McClearn, the State’s main witness and
the Prosecution states “It’s in exculpatory”
on record.
3. Prejudice obviously ensued because Vogt
was the only other male on trial with
Cowfer and was sentenced to life in prison
while the female co-defendant was
acquitted of all charges.