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

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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)

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