What is the materiality test for determining whether or not materiality was sufficient to convict a defendant in a sexual assault case?
MultiRegion, United States of America
The following excerpt is from U.S. v. Monteiro, 857 F.2d 1479 (9th Cir. 1988):
The former materiality test is akin to the "harmless error beyond a reasonable doubt" standard. United States v. Goldberg, 582 F.2d 483, 489 (9th Cir.1978), cert. denied, 440 U.S. 973 (1979). The latter test "is stricter than the harmless error standard." Id. Under the latter test "the likelihood that the undisclosed evidence would have resulted in acquittal must be more than a reasonable possibility, but need not be probable." Id.
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