The Florida Supreme Court’s new rule of criminal procedure, Fla.R.Crim.P. 3.113, “Minimum Standards for Attorneys in Felony Cases,” takes effect May 16, 2016. It mandates training on Florida Rule of Criminal Procedure 3.220 and the principles established by Brady v. Maryland, 373 U.S. 83 (1963) and Giglio v. United States, 405 U.S. 150 (1972). Once it takes effect, attorneys must complete the required training before participating as counsel of record in adult felony criminal cases in Florida. The new rule requires at least 100 minutes of training; two hours of continuing legal education credit is available upon its completion. The training is available through the Florida Public Defender’s Association (see http://flpda.org/videos/).
Background
The new rule is a good reminder of the important principles that Brady and Giglio established years ago. The Fifth and Fourteenth Amendments, as well as Fla.R.Crim. P. 3.220(b)(4), require the state to disclose specific types of favorable evidence to defendants. In Brady, the U.S. Supreme Court held that due process requires the prosecution to disclose, upon request, evidence favorable to an accused when such evidence is material to guilt or punishment. 373 U.S. at 87. A Brady violation occurs when (1) evidence is favorable to the accused because it is exculpatory or impeaching; (2) evidence was suppressed by the state, either willfully or inadvertently; and (3) prejudice ensued. Strickler v. Greene, 527 U.S. 263, 281-82 (1999).
Besides exculpatory evidence, the state also must disclose information that could be used to impeach witnesses it calls to testify, especially where the witness’s testimony is an important part of the state’s case. Giglio, 405 U.S. at 150-51. In Giglio, the defendant discovered evidence post-trial that the government had failed to disclose a promise of immunity made to the defendant’s coconspirator, the only witness. Finding that the government’s case “depended almost entirely” on the witness’s testimony, the Court reversed the conviction because “evidence of any understanding or agreement as to a future prosecution would be relevant to his credibility and the jury was entitled to know of it.” Id. at 154-55.
Although legal advances stemming from Brady and Giglio encourage disclosure of favorable evidence, and the new Florida Supreme Court rule will soon take effect, defense lawyers must remain vigilant in enforcing a client’s discovery rights to favorable evidence in the both the trial and plea setting. Most criminal cases are resolved with a guilty or no contest plea. Of the vast number of criminal cases...
