Justin Murray (@JustinNYLS) header
Justin Murray (@JustinNYLS) profile picture

lawprof @nylawschool | former public defender @pdsdc | focused on prosecutors, criminal appeals/habeas, parenting, chess, mentoring incredible people

New York
Joined September 2019
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New paper alert! My latest - "Brady's Shadow" - is now on SSRN: papers.ssrn.com/sol3/papers.… Still a work in progress—would love your thoughts. It's about how one spectacularly failed doctrine somehow cannibalized other, more promising avenues for criminal discovery.🧵
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Here's my conversation with @pdefenselesspod@ about criminal discovery and the "shadow" (👻👻!) cast by the moribund constitutional Brady doctrine. podcasts.apple.com/us/podcas…
New paper alert! My latest - "Brady's Shadow" - is now on SSRN: papers.ssrn.com/sol3/papers.… Still a work in progress—would love your thoughts. It's about how one spectacularly failed doctrine somehow cannibalized other, more promising avenues for criminal discovery.🧵
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Now forthcoming in @VirginiaLawRev, my latest work rethinks how information should get shared in criminal cases, and why we need to look beyond the celebrated Brady doctrine if we are serious about improving the fairness of criminal discovery. 🧵🔽
New paper alert! My latest - "Brady's Shadow" - is now on SSRN: papers.ssrn.com/sol3/papers.… Still a work in progress—would love your thoughts. It's about how one spectacularly failed doctrine somehow cannibalized other, more promising avenues for criminal discovery.🧵
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“Tuesday was a banner day for progressive prosecutors.” Me in @Slate
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I've never seen a more brutal opening in a book review.
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Those people who claim to care about constitutional values or the original meaning of the Constitution must be prepared to live with the fact that grand juries have the power to refuse to allow criminal cases to proceed. It’s a structural limitation on government power.
I wonder how much longer House Republicans will ignore the escalating crisis at the DC federal courthouse. Not only are judges systematically undermining the president's policy agenda--often making political statements in the process--grand juries made up of Trump-hating Democrats are refusing to bring indictments sought by Trump's DOJ against criminals in Washington. Last month, a repeat criminal named Kevontae Stewart was arrested in DC after police found him in his idling car smoking weed. When he was asked to step out of the vehicle, Steward fled and in the process dropped a loaded handgun--a no no for this convicted felon. He also was in possession of cocaine and on probation. A DC federal grand jury, however, REFUSED to indict Steward on one count of illegally possessing a firearm as a felon. This represents another case of a DC grand jury refusing to sign off on charges brought by the Trump DOJ--something without precedent in DC. So DC US Atty Jeanine Pirro went to DC Superior Court to secure an indictment. (This is allowed.) She then presented that indictment to Mag Judge Zia Faruqui--I've reported on his completely inappropriate and biased comments about the president and his DOJ for weeks--REFUSED to accept the indictment. Faruqui notes the unprecedented nature of grand juries repeatedly refusing to indict--he of course thinks the blame rests with DOJ not the hyper partisans sitting on those grand juries actively endorsing criminal behavior to stick it to Trump--in his order:
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Hey #Teachers twitter, what are some good tools for providing real-time feedback, during class, on students' writing? As in, apps that efficiently compile students' written work in one place & enable me to display it, mark it up, highlight parts we're discussing, etc? Thanks!
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Thanks, Larry, for recommending "Brady's Shadow" -- a work-in-progress now up on ssrn in which I argue that Brady v. Maryland occupies far too much space in the legal consciousness and needs to be knocked down a few pegs to make room for other ideas on criminal discovery...
Murray on Brady's Shadow, buff.ly/I2Vv7TF - Justin Murray (New York Law School) has posted Brady's Shadow on SSRN.
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For the ssrn link and a more detailed preview of the article's main arguments, see this 🧵below 👇 teapawt.net/JustinNYLS/status/1956…
New paper alert! My latest - "Brady's Shadow" - is now on SSRN: papers.ssrn.com/sol3/papers.… Still a work in progress—would love your thoughts. It's about how one spectacularly failed doctrine somehow cannibalized other, more promising avenues for criminal discovery.🧵
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Is it a bad thing that students read more contemporary authors who directly address issues like race, gender, and ideology that are particularly relevant to them? (BTW just found out I am blocked by Pinker, despite never having interacted with him.) – at Pearl River, NY
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After 60 years, here's the goal: make Brady irrelevant. Build discovery systems so open that constitutional minimums become meaningless. When prosecutors routinely disclose everything, Brady's shadow finally lifts. Time to stop tinkering. Time to build something new.
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So many people on here are doing amazing work that helped inspire or inform this project. Thanks & kudos to @CBHessick @ProfRGold @BellinJ @KayLevine12 @AndrewMCrespo
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