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Virginia

Court of Appeals of Virginia
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Scott v. Commonwealth — Brady Remedy Is New Trial, Not Dismissal; Retrial Cured Due Process Harm From Undisclosed Witness Deal

The Virginia Court of Appeals affirmed a murder conviction obtained at retrial after a Brady violation, holding that dismissal of an indictment is available only where the violation causes irreparable prejudice or reflects a pattern of egregious prosecutorial misconduct—neither of which was present here where retrial gave the defense full opportunity to cross-examine the affected witness on the undisclosed agreement. The court also held that a Brady violation alone does not disqualify the prosecutor’s entire office.

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