The following excerpt is from U.S. v. Rojas-Oquita, 5 F.3d 543 (9th Cir. 1993):
3 "[T]he suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or punishment...." Brady v. Maryland, 373 U.S. 83, 87, 83 S.Ct. 1194, 1196-97, 10 L.Ed.2d 215 (1963).
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