Does the mere failure to disclose evidence that affects the credibility of a key witness constitute misconduct in a criminal case?

MultiRegion, United States of America

The following excerpt is from U.S. v. Steinberg, 99 F.3d 1486 (9th Cir. 1996):

The mere failure to disclose evidence that affects the credibility of a key witness is not "so grossly shocking and so outrageous as to violate the universal sense of justice." See United States v. Restrepo, 930 F.2d 705, 712 (9th Cir.1991) (quotations omitted). We hold that the misconduct here does not rise to a level that requires dismissal of the indictment. See id.

C. Admission of Evidence

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