Does the mere possibility that an item of undisclosed information might have helped the defense, or might have affected the outcome of the trial, establish materiality?
California, United States of America
The following excerpt is from People v. Johnson, B216951 (Cal. App. 2011):
"'The mere possibility that an item of undisclosed information might have helped the defense, or might have affected the outcome of the trial, does not establish "materiality" in the constitutional sense.' [Citation.]" (People v. Fauber (1992) 2 Cal.4th 792, 829, quoting United States v. Agurs (1976) 427 U.S. 97, 109-110 [96 S.Ct. 2392].)
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