Discovery & Brady Evidence

Rulings about the prosecution's duty to disclose evidence that is favorable to the defense, including evidence that affects a witness's credibility. Summaries from Criminal Defense Resources™ are general education for pro per/pro se defendants and families, not legal advice.

4 rulings, newest first.

• United States v. Olsen

  9th Circuit · January 8, 2013 · 704 F.3d 1172 (9th Cir. 2013)

  The Ninth Circuit found that the government did not disclose information about problems with a state crime lab forensic scientist who worked on the case. But the court held the information was not "material" given the other evidence, so the conviction was affirmed.

  Discovery / Brady

• Kyles v. Whitley

  U.S. Supreme Court · April 19, 1995 · 514 U.S. 419 (1995)

  The Court held that whether suppressed evidence is "material" depends on the combined effect of all the withheld evidence, not each item alone. The prosecutor has a duty to learn of favorable evidence known to others acting for the government, including the police.

  Discovery / Brady

• Giglio v. United States

  U.S. Supreme Court · February 24, 1972 · 405 U.S. 150 (1972)

  The Court held that the prosecution's duty to disclose includes evidence that affects a key witness's credibility, such as a promise of leniency in exchange for testimony. A promise made by one prosecutor is charged to the whole prosecutor's office.

  Discovery / Brady

• Brady v. Maryland

  U.S. Supreme Court · May 13, 1963 · 373 U.S. 83 (1963)

  The Court held that when the prosecution suppresses evidence favorable to the accused that was requested, it violates due process if the evidence is material to guilt or punishment. This is true whether the prosecutor acted in good faith or bad faith.

  Discovery / Brady