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.
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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