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When considered alone, as it has been consistently, this would seem exculpatory.
"Most of the evidence in that case was exculpatory, if anything.
Federal law requires the prosecution to turn over exculpatory evidence to the defense.
"We have to put it in context but also see what material there may be of an exculpatory nature."
Help on another appeal, revelation of new, exculpatory evidence, anything at all.
The failure to turn over exculpatory information could lead to a reversal down the road.
The prosecutor must disclose exculpatory evidence known only to the police.
"We are not talking about exculpatory evidence here," says Cassidy.
Under the Brady rules, all exculpatory material had to be turned over to the defense.
"Exculpatory evidence critical to our case, withheld by the state," I tell him.
How to account for the persistence of this exculpatory myth?
If we have exculpatory evidence, and we do not come forward, what would the press say about that?
The coroner did not disclose the second exculpatory report to the defense.
He seems to think that baffled surprise, on the part of a President, is somehow exculpatory.
New exculpatory evidence is discovered and presented but all for naught.
His existence, she said, was not the kind of exculpatory information that prosecutors are obliged to turn over to the defense.
If not wholly exculpatory, it certainly places the allegations against him in a new and more favorable light.
Whether the government must disclose exculpatory material during plea bargaining is an open question.
"I'm just about convinced that they breached their obligation to provide me with any exculpatory information."
This would be done by limiting exculpatory mistakes to those based on reasonable grounds.
The case determined the ultimate status of the "exculpatory no", a right found by several circuit courts.
Settlements generally include exculpatory language where neither side admits wrongdoing.
The usual mishmash of the incriminating and the exculpatory followed.
So there is very little real incentive to disclose exculpatory evidence, aside from any individual or personal sense of ethics they may have.
The justice then concluded that the prosecution should turn over four more tapes as being possibly exculpatory.