Double‑jeopardy from Brady failures

Updated: 2025.09.19 1M ago 1 sources
If prosecutors reveal exculpatory (Brady) evidence only after a jury is sworn, a dismissal can permanently bar retrial under the Double Jeopardy Clause. That transforms an internal management error into a irreversible non‑prosecution in serious cases like murder. The risk scales with weak disclosure controls and training inside DA offices. — It reframes public safety around prosecutorial competence and process design, suggesting audits, training, and real‑time disclosure systems are as crucial as policy stances.

Sources

Austin’s Progressive Prosecutor Who Won’t Prosecute
Thomas Hogan 2025.09.19 100% relevant
Travis County DA José Garza’s office dismissed a 2023 murder case after failing to turn over Brady material until after the jury was sworn, foreclosing retrial; the office also missed Texas’s 90‑day indictment deadline 263 times in 2024, prompting releases.
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