Can a prosecutor be found guilty of misconduct for failing to disclose evidence to the defense?

California, United States of America


The following excerpt is from People v. Custodio, A130784 (Cal. App. 2013):

We need not determine whether the prosecutor committed misconduct. Appellant recognizes that, if there was misconduct, "[t]he ultimate question to be decided is, had the prosecutor refrained from the misconduct, is it reasonably probable that a result more favorable to the defendant would have occurred." (People v. Strickland (1974) 11 Cal.3d 946, 955.) Here, all the claimed misconduct was in attempting to keep evidence from the defense that might have been helpful to appellant's case. As we have discussed, the late disclosure would not have altered the outcome of the trial. Any misconduct that occurred was not prejudicial.

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