What is the test for disclosing material evidence in a criminal case?
MultiRegion, United States of America
The following excerpt is from United States v. Mickens, 20-258 L, 20-462, 20-630 (2nd Cir. 2021):
Under the doctrine established in Brady, the Government must "disclose material evidence favorable to a criminal defendant." United States v. Rowland, 826 F.3d 100, 111 (2d Cir. 2016). "Evidence is favorable if it is either exculpatory or impeaching, and it is material if there is a reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding would have been different." Id.
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