What is the legal test for a prosecution failure to disclose material evidence to the defense?

The prosecution must disclose any material evidence exculpatory of the defendant. To establish a violation of this duty, the defendant must show the evidence was favorable to the defendant, the evidence was willfully or inadvertently suppressed, and prejudice ensued. (In re Sassounian (1995) 9 Cal.4th 535, 543; People v. Salazar (2005) 35 Cal.4th 1031, 1043.) The prosecution must disclose any exculpatory evidence and reports or statements of experts made in conjunction with the case to the defense. ( 1054.1, subds. (e), (f).)

The trial court possesses broad discretion to fashion a remedy for a discovery violation to ensure defendant receives a fair trial. (People v. Jenkins (2000) 22 Cal.4th 900, 951 (Jenkins).) "Even where the prosecution acts willfully and in bad faith . . . 'the extreme sanction of dismissal is rarely appropriate unless a defendant has established prejudice by the failure of the People to comply with the discovery order [citation] and the prejudice cannot be otherwise cured [citation]; lesser sanctions must be utilized by the

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trial court, unless the effect of the prosecution's conduct is such that it deprives defendant of the right to a fair trial.' " (People v. Wimberly (1992) 5 Cal.App.4th 773, 792-793.) Defendant bears the burden of showing the prosecution's failure to comply with any discovery order is prejudicial. (People v. Pinholster (1992) 1 Cal.4th 865, 941.)