When the United States Supreme Court granted certiorari in Old Chief v. United States, the Court examined Federal Rule of Evidence 403 in light of a defense offer to stipulate to aspects of the proffered prosecution evidence, purportedly to lessen their prejudicial impact. At the core of the opinion rests the validation of a theory born from such disparate fields as Law and Literature, Sociology, and Narrative Theory. This article argues that, though it was not on the proverbial radar screen of the Court when it decided Old Chief, narrative theory provides the most effective tool available for assessing prejudice from Brady error (i.e., where the prosecutor fails to provide the defense with "exculpatory" evidence). It is that proposition that this Article addresses.
John B. Mitchell,
Evaluating Brady Error Using Narrative Theory: A Proposal For Reform, 53 DRAKE L. REV. 599