Crews, who currently serves as a federal magistrate in Colorado, was unable to describe what the landmark US Supreme Court case Brady v. Maryland was about.
CREWS: Senator, in my four and a half years on the bench I don't believe I've had the occasion to address a Brady motion in my career.
CREWS: Senator, in my time on the bench I've not had occasion to address that, and so it's not coming to mind at the moment what a Brady motion is.
KENNEDY: Do you recall the US Supreme Court case, Brady v. Maryland?
CREWS: "I believe that the Brady case - well, Senator, I believe the Brady case involved something regarding the Second Amendment. I have not had an occasion to address that. If that issue were to come before me, I would certainly analyze that Supreme Court precedent and apply it, as I would need to, to the facts in front of me."
Within criminal trials, especially significant felony cases, requests for Brady disclosure are routine, and are a key reason for reversal on appeal.
A defendant's request for a "Brady disclosure" refers to the holding of the Brady case, and the numerous state and federal cases that interpret its requirement that the prosecution disclose material exculpatory evidence to the defense.
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