Prosecutorial duty to disclose exculpatory information Flashcards
1
Q
When does prosecutor’s failure to disclose evidence violate DPC? Whether it is…
A
willful OR inadvertent
2
Q
When does failure to disclose constitute grounds for reversing conviction?
A
1) evidence is FAVORABLE to D AND
2) PREJUDICE has resulted, meaning there is a reasonably probability that the result would have been different had the info been disclosed
(if verdict strongly supported by other evidence, no prejudice to D)