What’s a Giglio file? Police Officer Credibility & Your Rights.

Prosecutors, Police, and Defense Attorneys often talk about a “Giglio File” or a particular officer having “Giglio Issues.” The term “Giglio,” pronounced gig-leo, comes from the landmark U.S. Supreme Court cases Giglio v. United States, 405 U.S. 150 (1972) and Brady v. Maryland, 373 U.S. 83 (1963). Essentially, prosecutors and the police must disclose evidence favorable to the accused’s case. This includes information that may be used to impeach the credibility of police officers, particularly the arresting officer. This Supreme Court precedent means that officers who have lied during internal affairs or official actions, falsified reports, or expressed discriminatory biases may be prevented from testifying; this means material evidence may be suppressed and may ultimately prevent the prosecution of the accused for a particular crime…

Recent Posts

Fired police sergeant reaches settlement with Bismarck; amount not immediately disclosed

Parties have reached a settlement in a federal lawsuit brought by a former Bismarck police sergeant who alleged gender discrimination and wrongful termination against the department and its former chief. The agreement between Robyn Krile and the Bismarck Police...

Former Highway Patrol Trooper To Plead In Sex Assault Case

BISMARCK, N.D. (AP) — A former high-ranking North Dakota Highway Patrol trooper accused of sexual assault has agreed to a plea deal. Steven Johnson was charged in November with misdemeanor sexual assault after a woman accused of him of touching her inappropriately...

Measure 6: Best Interests of the Child vs. Rights of the Parent?

Measure 6 is a current initiative, which if approved, would create a legal presumption that each parent in a child custody case is fit to parent and that a requesting parent should receive equal residential responsibility.  That artificial presumption of fitness as a...

What to Expect When You’re Suspected of DUI

Most DUI arrests are the product of a police traffic stop.  Police need "reasonable suspicion" of a violation to stop or detain you; even the smallest violation will allow the police to stop you.  For example, around "bar close" many officers in Bismarck, Mandan, and...

The DOT Work Permit

If your license is suspended, all is not lost.  Most people are eligible for a work permit (aka restricted license) after 14 days of hard suspension if you’re on 24/7.  If you’re not on 24/7 you’re usually eligible for a work permit on a 1st DUI/Refusal offense within...

“A New Age Of Searching Student Cell Phones?”

North Dakota: The current state of cell phone searches in the school setting post-Riley SCHOOL OFFICIALS School searches by administrators must meet a two-part test. First, the search must be justified by reasonable suspicion at its inception. Second, the search must...

Attorney Methodology

Every case begins with a thorough client interview and consultation during which case goals, expectations, and rapport is established. The next step is the investigation stage as the best defense is a great offense. Every possible document, video, note, report, and...

North Dakota Weapons Laws: A Primer

Residents of North Dakota are huge believers in gun rights and their right to bear arms.  As a North Dakota resident, our state generally does allow you to possess weapons open and concealed; however, there are guidelines which must be adhered to which may prevent you...

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