Prosecutorial Duty to Disclose Exculpatory Info

Question 1

If a prosecutor’s failure to disclose evidence is inadvertent, it will not violate DP and will not be grounds for a reversal of a conviction. T or F?

Answer 1

False.

Question 2

A failure to disclose exculpatory information will constitute grounds for reversing a conviction if these two things are true . . .

Answer 2

The evidence is favorable to D; and

Prejudice has resulted, meaning there is a reasonable probability that the result would have been different had the information been disclosed.