What is the test for establishing a violation of due process in a civil case involving weighted gloves?
MultiRegion, United States of America
The following excerpt is from U.S. v. Ellsworth, 647 F.2d 957 (9th Cir. 1981):
8 "To establish a violation of due process, the defendant must show (1) a request by the defendant for favorable evidence possessed by the prosecutor, (2) suppression of evidence by the prosecutor, (3) that the evidence suppressed is favorable to the defendant and (4) that the evidence is material."
9 See also United States v. Fried, 576 F.2d 787 (9th Cir. 1978).
10 Appellant did not argue that weighted gloves, if used in an assault, are not a dangerous weapon.
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