Today is the 50th anniversary of Brady v. Maryland.1 In the years since May 13, 1963, "Brady material" has become a shorthand for exculpatory evidence in the prosecution’s possession that must be produced to the defense. What is long forgotten is that the "holding" in Brady was actually dicta and that John Brady lost his case in the Supreme Court.
Brady and His Crime
John Leo Brady was born in Dunkirk, Md., in 1932. As an infant, he developed a malady that plagued him for some 20 years: His ears oozed a thick pus, earning him the nickname "old stinkears."2 After dropping out of high school and serving in the Air Force, Brady returned to Maryland and fell in love with Nancy Magowan, who soon became pregnant. Unemployed but intent on supporting their child, Brady gave Nancy a $35,000 check and told her not to cash it for two weeks. His idea was to rob a bank in the interim.
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