CONSTITUTIONAL DISCOVERY

Question 1

Brady rule

Answer 1

suppression by prosecution of exculpatory evidence upon request + evidence is material either to guilt or punishment = due process violation (irrespective of prosecution’s good/bad faith)

Question 2

Agurs rule

Answer 2

prosecutor fails to voluntarily disclose exculpatory evidence + omitted evidence creates reasonable doubt that did not otherwise exist = due process violation

Question 3

AZ v. Youngblood rule

Answer 3

failure to preserve potentially useful evidence by police does not violate due process unless Δ can show bad faith

Question 4

defense obligations (Williams v. FL)

Answer 4

5th Amendment privilege doesn’t entitled Δ to refuse ot provide details of alibi witness to prosecution

Question 5

prejudice standards for violations (3 types)

Answer 5

1) harmless error (conviction reversed unless prosecutor can show harmless error didn’t matter beyond a reasonable doubt)
2) any reasonable likelihood could have affected jury
3) reasonable probability that jury would’ve reached different outcome

Question 6

perjury standard (3 requirements)

Answer 6

1) prosecutor knew or should have known (bad faith) + 2) tesitmony is false + 3) prejudice standard #2

Question 7

exculpatory evidence/Brady test (3 requirements)

Answer 7

1) exculpatory evidence + 2) known prosecutor & not disclosed + 3) prejudice standard #3