bagley
argued
march
decided
july
respondent
indicted
charges
violating
federal
narcotics
firearms
statutes
trial
filed
discovery
motion
requesting
inter
alia
deals
promises
inducements
made
government
witnesses
exchange
testimony
government
response
disclose
deals
promises
inducements
made
two
principal
witnesses
assisted
bureau
alcohol
tobacco
firearms
atf
conducting
undercover
investigation
respondent
government
produce
signed
affidavits
witnesses
recounting
undercover
dealing
respondent
concluding
statement
affidavits
made
without
threats
rewards
promises
reward
respondent
waived
right
jury
trial
tried
district
two
principal
government
witnesses
testified
firearms
narcotics
charges
found
respondent
guilty
narcotics
charges
guilty
firearms
charges
subsequently
response
requests
made
pursuant
freedom
information
act
privacy
act
respondent
received
copies
atf
contracts
signed
principal
government
witnesses
undercover
investigation
stating
government
pay
money
witnesses
commensurate
information
furnished
respondent
moved
vacate
sentence
alleging
government
failure
response
discovery
motion
disclose
contracts
used
impeach
witnesses
violated
right
due
process
brady
maryland
held
prosecution
suppression
evidence
favorable
accused
upon
request
violates
due
process
evidence
material
either
guilt
punishment
district
denied
motion
finding
beyond
reasonable
doubt
existence
atf
contracts
disclosed
trial
disclosure
affected
outcome
principal
government
witnesses
testimony
primarily
devoted
firearms
charges
respondent
acquitted
exculpatory
narcotics
charges
appeals
reversed
holding
government
failure
disclose
requested
impeachment
evidence
respondent
used
conduct
effective
government
principal
witnesses
required
automatic
reversal
appeals
also
stated
disagree
district
conclusion
nondisclosure
harmless
beyond
reasonable
doubt
noting
witnesses
testimony
fact
inculpatory
narcotics
charges
held
judgment
reversed
case
remanded
reversed
remanded
justice
blackmun
delivered
opinion
respect
parts
ii
concluding
appeals
erred
holding
prosecutor
failure
disclose
evidence
used
effectively
impeach
important
government
witnesses
requires
automatic
reversal
nondisclosure
constitutes
constitutional
error
requires
reversal
conviction
evidence
material
sense
suppression
might
affected
outcome
trial
pp
justice
blackmun
joined
justice
delivered
opinion
respect
part
iii
concluding
nondisclosed
evidence
issue
material
reasonable
probability
evidence
disclosed
defense
result
proceeding
different
reasonable
probability
probability
sufficient
undermine
confidence
outcome
standard
materiality
sufficiently
flexible
cover
cases
prosecutorial
failure
disclose
evidence
favorable
defense
regardless
whether
defense
makes
request
general
request
specific
request
although
prosecutor
failure
respond
fully
specific
request
may
impair
adversary
process
effect
representing
defense
certain
evidence
exist
possibility
impairment
necessitate
different
standard
materiality
standard
stated
reviewing
may
consider
directly
adverse
effect
prosecutor
failure
respond
might
preparation
presentation
defendant
case
pp
justice
white
joined
chief
justice
justice
rehnquist
view
reason
elaborate
relevance
specificity
defense
request
disclosure
either
generally
respect
case
concluded
reversal
mandated
simply
appeals
failed
apply
reasonable
probability
standard
materiality
nondisclosed
evidence
question
david
strauss
argued
cause
briefs
solicitor
general
lee
assistant
attorney
general
trott
deputy
solicitor
general
frey
thomas
hillier
ii
argued
cause
filed
brief
respondent
john
van
de
kamp
attorney
general
karl
mayer
thomas
brady
charles
kirk
deputy
attorneys
general
filed
brief
state
california
amicus
curiae
urging
reversal
justice
blackmun
announced
judgment
delivered
opinion
except
part
iii
brady
maryland
held
suppression
prosecution
evidence
favorable
accused
upon
request
violates
due
process
evidence
material
either
guilt
punishment
issue
present
case
concerns
standard
materiality
applied
determining
whether
conviction
reversed
prosecutor
failed
disclose
requested
evidence
used
impeach
government
witnesses
october
respondent
hughes
anderson
bagley
indicted
western
district
washington
charges
violating
federal
narcotics
firearms
statutes
november
days
trial
respondent
filed
discovery
motion
sixth
paragraph
motion
requested
names
addresses
witnesses
government
intends
call
trial
also
prior
criminal
records
witnesses
deals
promises
inducements
made
witnesses
exchange
testimony
app
government
response
discovery
motion
disclose
deals
promises
inducements
made
mitchell
apparent
reply
request
motion
ninth
paragraph
opies
jencks
act
material
government
produced
series
affidavits
mitchell
signed
april
may
undercover
investigation
progress
affidavits
recounted
detail
undercover
dealings
mitchell
time
respondent
affidavit
concluded
statement
made
statement
freely
voluntarily
without
threats
rewards
promises
reward
made
return
respondent
waived
right
jury
trial
tried
december
trial
mitchell
testified
firearms
narcotics
charges
december
found
respondent
guilty
narcotics
charges
guilty
firearms
charges
respondent
filed
requests
information
pursuant
freedom
information
act
privacy
act
received
response
copies
atf
form
contracts
mitchell
signed
may
form
entitled
contract
purchase
information
payment
lump
sum
therefor
printed
portion
form
stated
vendor
provide
information
atf
upon
receipt
information
regional
director
bureau
alcohol
tobacco
firearms
representative
upon
accomplishment
objective
sought
obtained
use
information
satisfaction
said
regional
director
pay
said
vendor
sum
commensurate
services
information
rendered
app
form
contained
following
typewritten
description
services
provide
information
regarding
violations
committed
hughes
bagley
purchase
evidence
atf
cut
sic
undercover
capacity
atf
assist
atf
gathering
evidence
testify
violator
federal
ibid
contracts
disclosed
respondent
response
pretrial
discovery
motion
respondent
moved
vacate
sentence
alleged
government
failure
disclose
contracts
used
impeach
mitchell
violated
right
due
process
brady
maryland
supra
motion
came
district
judge
presided
respondent
bench
trial
evidentiary
hearing
held
magistrate
magistrate
found
printed
form
contracts
blank
mitchell
signed
signed
atf
representative
trial
also
found
january
following
trial
decision
respondent
case
atf
made
payments
mitchell
pursuant
contracts
although
atf
case
agent
dealt
mitchell
testified
payments
compensation
expenses
magistrate
found
characterization
borne
record
documentation
expenses
amounts
mitchell
testified
payment
expenses
atf
forms
authorizing
payments
treated
rewards
district
adopted
magistrate
findings
except
last
one
effect
either
mitchell
expected
receive
payment
payment
testimony
app
pet
cert
instead
found
probable
mitchell
expected
receive
compensation
addition
expenses
assistance
though
perhaps
testimony
district
also
expressly
rejected
magistrate
conclusion
neither
witness
promised
expected
payment
testimony
withhold
pretrial
discovery
information
deals
promises
inducements
witnesses
suppress
evidence
favorable
defendant
violation
brady
maryland
appeals
ninth
circuit
reversed
bagley
lumpkin
appeals
began
noting
according
precedent
circuit
prosecutorial
failure
respond
specific
brady
request
properly
analyzed
error
resulting
conviction
must
reversed
unless
error
harmless
beyond
reasonable
doubt
noted
district
judge
presided
bench
trial
concluded
beyond
reasonable
doubt
disclosure
atf
agreement
affected
outcome
appeals
however
stated
disagree
conclusion
particular
disagreed
government
district
premise
testimony
mitchell
exculpatory
narcotics
charges
respondent
therefore
sought
impeach
witness
appeals
apparently
based
reversal
however
theory
government
failure
disclose
requested
brady
information
respondent
used
conduct
effective
impaired
respondent
right
confront
adverse
witnesses
noted
davis
alaska
held
denial
right
effective
constitutional
error
first
magnitude
requiring
automatic
reversal
quoting
davis
alaska
emphasis
added
appeals
last
sentence
opinion
appeals
concluded
hold
government
failure
provide
requested
brady
information
bagley
effectively
two
important
government
witnesses
requires
automatic
reversal
granted
certiorari
reverse
ii
holding
brady
maryland
requires
disclosure
evidence
favorable
accused
material
either
guilt
punishment
see
also
moore
illinois
explained
agurs
fair
analysis
holding
brady
indicates
implicit
requirement
materiality
concern
suppressed
evidence
might
affected
outcome
trial
evidence
suppressed
brady
admissible
issue
punishment
issue
guilt
therefore
affected
brady
sentence
conviction
accordingly
affirmed
lower
restriction
brady
new
trial
issue
punishment
brady
rule
based
requirement
due
process
purpose
displace
adversary
system
primary
means
truth
uncovered
ensure
miscarriage
justice
occur
thus
prosecutor
required
deliver
entire
file
defense
counsel
disclose
evidence
favorable
accused
suppressed
deprive
defendant
fair
trial
unless
omission
deprived
defendant
fair
trial
constitutional
violation
requiring
verdict
set
aside
absent
constitutional
violation
breach
prosecutor
constitutional
duty
disclose
reiterate
critical
point
prosecutor
violated
constitutional
duty
disclosure
unless
omission
sufficient
significance
result
denial
defendant
right
fair
trial
appeals
treated
impeachment
evidence
constitutionally
different
exculpatory
evidence
according
failure
disclose
impeachment
evidence
even
egregious
failure
disclose
exculpatory
evidence
threatens
defendant
right
confront
adverse
witnesses
relying
davis
alaska
appeals
held
government
failure
disclose
requested
impeachment
evidence
defense
use
conduct
effective
important
prosecution
witnesses
constitutes
constitutional
error
first
magnitude
requiring
automatic
reversal
quoting
davis
alaska
supra
rejected
distinction
impeachment
evidence
exculpatory
evidence
giglio
supra
government
failed
disclose
impeachment
evidence
similar
evidence
issue
present
case
promise
made
key
government
witness
prosecuted
testified
government
said
reliability
given
witness
may
well
determinative
guilt
innocence
nondisclosure
evidence
affecting
credibility
falls
within
th
general
rule
brady
however
automatically
require
new
trial
whenever
combing
prosecutors
files
trial
disclosed
evidence
possibly
useful
defense
likely
changed
verdict
finding
materiality
evidence
required
brady
new
trial
required
false
testimony
reasonable
likelihood
affected
judgment
jury
citations
omitted
moreover
reliance
davis
alaska
automatic
reversal
rule
misplaced
davis
defense
sought
crucial
prosecution
witness
concerning
probationary
status
juvenile
delinquent
defense
intended
show
witness
might
made
faulty
identification
defendant
order
shift
suspicion
away
feared
probationary
status
jeopardized
satisfactorily
assist
police
prosecutor
obtaining
conviction
pursuant
state
rule
procedure
state
statute
making
juvenile
adjudications
inadmissible
trial
judge
prohibited
defense
conducting
reversed
defendant
conviction
ruling
direct
restriction
scope
denied
defendant
right
effective
constitutional
error
first
magnitude
amount
showing
want
prejudice
cure
brookhart
janis
quoting
smith
illinois
see
also
cronic
present
case
contrast
involve
direct
restriction
scope
defense
free
witnesses
relevant
subject
including
possible
bias
interest
resulting
inducements
made
government
constitutional
error
case
government
failure
assist
defense
disclosing
information
might
helpful
conducting
discussed
suppression
evidence
amounts
constitutional
violation
deprives
defendant
fair
trial
consistent
overriding
concern
justice
finding
guilt
agurs
constitutional
error
occurs
conviction
must
reversed
evidence
material
sense
suppression
undermines
confidence
outcome
trial
iii
remains
determine
standard
materiality
applicable
nondisclosed
evidence
issue
case
starting
point
framework
evaluating
materiality
brady
evidence
established
agurs
agurs
distinguished
three
situations
involving
discovery
trial
information
favorable
accused
known
prosecution
unknown
defense
first
situation
prosecutor
knowing
use
perjured
testimony
equivalently
prosecutor
knowing
failure
disclose
testimony
used
convict
defendant
false
noted
rule
conviction
obtained
knowing
use
perjured
testimony
fundamentally
unfair
must
set
aside
reasonable
likelihood
false
testimony
affected
judgment
jury
omitted
although
rule
stated
terms
treat
knowing
use
perjured
testimony
error
subject
review
may
easily
stated
materiality
standard
fact
testimony
perjured
considered
material
unless
failure
disclose
harmless
beyond
reasonable
doubt
agurs
justified
standard
materiality
ground
knowing
use
perjured
testimony
involves
prosecutorial
misconduct
importantly
involves
corruption
function
trial
process
extreme
situation
agurs
defendant
make
brady
request
prosecutor
fails
disclose
certain
evidence
favorable
accused
rejected
rule
situation
rule
every
nondisclosure
treated
error
thus
imposing
prosecutor
constitutional
duty
deliver
entire
file
defense
counsel
time
rejected
standard
require
defendant
demonstrate
evidence
disclosed
probably
resulted
acquittal
reasoned
standard
applied
usual
motion
new
trial
based
newly
discovered
evidence
evidence
state
possession
found
neutral
source
special
significance
prosecutor
obligation
serve
cause
justice
ibid
standard
materiality
applicable
absence
specific
brady
request
therefore
stricter
standard
lenient
defense
standard
third
situation
identified
agurs
defense
makes
specific
request
prosecutor
fails
disclose
responsive
evidence
define
standard
materiality
applicable
situation
suggested
standard
might
lenient
defense
situation
defense
makes
request
general
request
also
noted
prosecutor
receives
specific
relevant
request
failure
make
response
seldom
ever
excusable
ibid
relied
reformulated
agurs
standard
materiality
undisclosed
evidence
two
subsequent
cases
arising
outside
brady
context
neither
case
discussion
agurs
standard
distinguish
among
three
situations
described
agurs
held
due
process
violated
testimony
made
unavailable
defense
government
deportation
witnesses
reasonable
likelihood
testimony
affected
judgment
trier
fact
strickland
washington
held
new
trial
must
granted
evidence
introduced
incompetence
counsel
reasonable
probability
counsel
unprofessional
errors
result
proceeding
different
strickland
defined
reasonable
probability
probability
sufficient
undermine
confidence
outcome
ibid
find
strickland
formulation
agurs
test
materiality
sufficiently
flexible
cover
request
general
request
specific
request
cases
prosecutorial
failure
disclose
evidence
favorable
accused
evidence
material
reasonable
probability
evidence
disclosed
defense
result
proceeding
different
reasonable
probability
probability
sufficient
undermine
confidence
outcome
government
suggests
materiality
standard
favorable
defendant
reasonably
might
adopted
specific
request
cases
see
brief
government
notes
incomplete
response
specific
request
deprives
defense
certain
evidence
also
effect
representing
defense
evidence
exist
reliance
misleading
representation
defense
might
abandon
lines
independent
investigation
defenses
trial
strategies
otherwise
pursued
ibid
agree
prosecutor
failure
respond
fully
brady
request
may
impair
adversary
process
manner
specifically
defense
requests
certain
evidence
thus
putting
prosecutor
notice
value
reasonable
defense
assume
nondisclosure
evidence
exist
make
pretrial
trial
decisions
basis
assumption
possibility
impairment
necessitate
different
standard
materiality
however
strickland
formulation
reviewing
may
consider
directly
adverse
effect
prosecutor
failure
respond
might
preparation
presentation
defendant
case
reviewing
assess
possibility
effect
might
occurred
light
totality
circumstances
awareness
difficulty
reconstructing
proceeding
course
defense
trial
taken
defense
misled
prosecutor
incomplete
response
present
case
think
significant
likelihood
prosecutor
response
respondent
discovery
motion
misleadingly
induced
defense
counsel
believe
mitchell
impeached
basis
bias
interest
arising
inducements
offered
government
defense
counsel
asked
prosecutor
disclose
inducements
made
witnesses
prosecutor
failed
disclose
possibility
reward
held
mitchell
information
supplied
led
accomplishment
objective
sought
obtained
satisfaction
government
app
possibility
reward
gave
mitchell
direct
personal
stake
respondent
conviction
fact
stake
guaranteed
promise
binding
contract
expressly
contingent
government
satisfaction
end
result
served
strengthen
incentive
testify
falsely
order
secure
conviction
moreover
prosecutor
disclosed
affidavits
stated
mitchell
received
promises
reward
return
providing
information
affidavits
implicating
respondent
criminal
activity
fact
mitchell
signed
last
affidavits
day
signed
atf
contracts
government
technically
correct
blank
contracts
constitute
promise
reward
natural
effect
affidavits
misleadingly
induce
defense
counsel
believe
mitchell
provided
information
affidavits
ultimately
testimony
trial
recounting
information
without
inducements
district
nonetheless
found
beyond
reasonable
doubt
information
government
held
possibility
reward
witnesses
disclosed
result
criminal
prosecution
different
finding
sustained
appeals
information
immaterial
even
standard
materiality
applicable
prosecutor
knowing
use
perjured
testimony
although
express
holding
appeals
nondisclosure
case
required
automatic
reversal
appeals
also
stated
disagreed
district
finding
harmless
error
particular
appeals
appears
disagreed
factual
premise
finding
expressly
based
district
reasoned
mitchell
testimony
exculpatory
narcotics
charges
appeals
however
concluded
reviewing
record
mitchell
testimony
fact
inculpatory
charges
accordingly
reverse
judgment
appeals
remand
case
determination
whether
reasonable
probability
inducement
offered
government
mitchell
disclosed
defense
result
trial
different
ordered
footnotes
jencks
act
requires
prosecutor
disclose
direct
examination
government
witness
defendant
motion
statement
witness
government
possession
relates
subject
matter
witness
testimony
brief
quoting
memorandum
points
authorities
support
pet
habeas
corpus
cd
cal
exhibits
assistant
attorney
prosecuted
respondent
stated
stipulated
testimony
known
contracts
existed
furnished
respondent
known
see
app
pet
cert
magistrate
found
atf
paid
mitchell
respectively
april
may
trial
concluded
payments
intended
reimburse
mitchell
expenses
provided
basis
impeaching
mitchell
trial
testimony
district
adopted
finding
conclusion
requiring
prosecutor
assist
defense
making
case
brady
rule
represents
limited
departure
pure
adversary
model
recognized
however
prosecutor
role
transcends
adversary
representative
ordinary
party
controversy
sovereignty
whose
interest
criminal
prosecution
shall
win
case
justice
shall
done
berger
see
brady
maryland
see
agurs
moore
illinois
see
also
california
trombetta
interpretation
brady
create
broad
constitutionally
required
right
discovery
entirely
alter
character
balance
present
systems
criminal
justice
giles
maryland
dissenting
opinion
furthermore
rule
prosecutor
commits
error
failure
disclose
evidence
favorable
accused
matter
insignificant
impose
impossible
burden
prosecutor
undermine
interest
finality
judgments
fact
brady
rule
roots
series
cases
dealing
convictions
based
prosecution
knowing
use
perjured
testimony
mooney
holohan
established
rule
knowing
use
state
prosecutor
perjured
testimony
obtain
conviction
deliberate
suppression
evidence
impeached
refuted
testimony
constitutes
denial
due
process
reasoned
deliberate
deception
jury
presentation
testimony
known
perjured
inconsistent
rudimentary
demands
justice
reaffirmed
principle
broader
terms
pyle
kansas
held
allegations
prosecutor
deliberately
suppressed
evidence
favorable
accused
knowingly
used
perjured
testimony
sufficient
charge
due
process
violation
reaffirmed
principle
napue
illinois
napue
principal
witness
prosecution
falsely
testified
promised
consideration
testimony
held
knowing
use
false
testimony
obtain
conviction
violates
due
process
regardless
whether
prosecutor
solicited
false
testimony
merely
allowed
go
uncorrected
appeared
explained
principle
state
may
knowingly
use
false
testimony
obtain
conviction
even
false
testimony
goes
credibility
witness
implicit
concept
ordered
liberty
finally
held
bound
state
determination
false
testimony
reasonable
likelihood
affected
judgment
jury
conducted
independent
examination
record
concluded
false
testimony
may
effect
outcome
trial
accordingly
reversed
judgment
conviction
rule
conviction
obtained
knowing
use
perjured
testimony
must
set
aside
reasonable
likelihood
false
testimony
affected
jury
verdict
derives
napue
illinois
see
supra
see
also
giglio
quoting
napue
napue
antedated
chapman
california
harmless
beyond
reasonable
doubt
standard
established
chapman
noted
little
difference
rule
formulated
napue
terms
whether
reasonable
possibility
evidence
complained
might
contributed
conviction
rule
requiring
beneficiary
constitutional
error
prove
beyond
reasonable
doubt
error
complained
contribute
verdict
obtained
quoting
fahy
connecticut
therefore
clear
indeed
government
concedes
see
brief
precedents
indicate
standard
review
applicable
knowing
use
perjured
testimony
equivalent
chapman
standard
true
nondisclosure
treated
error
subject
review
nondisclosure
treated
error
evidence
material
harmless
beyond
reasonable
doubt
standard
agurs
identified
brady
case
specific
information
requested
defense
request
brady
extrajudicial
statements
brady
accomplice
see
agurs
noted
fair
analysis
holding
brady
indicates
implicit
requirement
materiality
concern
suppressed
evidence
might
affected
outcome
trial
since
agurs
identified
brady
specific
request
case
see
supra
language
might
taken
indicating
standard
materiality
applicable
case
clear
however
language
merely
explains
meaning
term
materiality
establish
standard
materiality
indicate
quantum
likelihood
must
undisclosed
evidence
affected
outcome
particular
explained
strickland
defendant
challenges
conviction
question
whether
reasonable
probability
absent
errors
factfinder
reasonable
doubt
respecting
guilt
justice
white
chief
justice
justice
rehnquist
join
concurring
part
concurring
judgment
agree
respondent
entitled
conviction
overturned
unless
show
evidence
withheld
government
material
therefore
join
parts
ii
opinion
also
agree
justice
blackmun
purposes
inquiry
evidence
material
reasonable
probability
evidence
disclosed
defense
result
proceeding
different
ante
justice
correctly
observes
standard
sufficiently
flexible
cover
instances
prosecutorial
failure
disclose
evidence
favorable
accused
ibid
given
flexibility
standard
inherently
nature
cases
applied
however
see
reason
attempt
elaborate
relevance
inquiry
specificity
defense
request
disclosure
either
generally
respect
case
hold
simply
proper
standard
one
reasonable
probability
appeals
failure
apply
standard
necessitates
reversal
therefore
concur
judgment
government
withholds
defendant
evidence
might
impeach
prosecution
witnesses
failure
disclose
deemed
harmless
error
precisely
nature
undisclosed
evidence
case
affirm
judgment
appeals
remand
proceedings
federal
grand
jury
indicted
respondent
hughes
anderson
bagley
charges
involving
possession
controlled
substances
intent
distribute
following
bench
trial
bagley
found
guilty
firearms
charges
guilty
two
counts
knowingly
intentionally
distributing
valium
guilty
several
counts
lesser
included
offense
possession
controlled
substances
sentenced
six
months
imprisonment
special
parole
term
five
years
first
count
distribution
three
years
imprisonment
suspended
five
years
probation
second
distribution
count
received
suspended
sentence
five
years
probation
possession
convictions
record
plainly
demonstrates
two
counts
bagley
received
sentences
imprisonment
government
entire
case
hinged
testimony
two
private
security
guards
aided
bureau
alcohol
tobacco
firearms
atf
investigation
bagley
two
guards
mitchell
worked
milwaukee
railroad
three
years
social
acquaintances
bagley
often
shared
coffee
breaks
tr
tr
trial
testified
two
separate
occasions
visited
bagley
home
bagley
responded
complaint
extremely
anxious
giving
valium
pills
total
bagley
received
representing
cost
pills
trial
bagley
testified
prescription
valium
suffered
bad
back
tr
testimony
contrary
introduced
mitchell
testified
worn
concealed
transmitters
body
recorders
meetings
tape
recordings
insufficiently
clear
admitted
trial
corroborate
testimony
trial
counsel
bagley
filed
detailed
discovery
motion
requesting
among
things
deals
promises
inducements
made
witnesses
exchange
testimony
app
response
discovery
request
government
provided
affidavits
sworn
mitchell
prepared
investigation
bagley
affidavit
recounted
detail
dealings
witnesses
bagley
closed
declaration
made
statement
freely
voluntarily
without
threats
rewards
promises
reward
made
return
brief
quoting
memorandum
points
authorities
support
pet
habeas
corpus
cd
cal
exhibits
agents
testified
trial
thereafter
government
disclose
existence
deals
promises
inducements
counsel
bagley
asked
whether
testifying
response
pressure
threats
government
job
said
tr
light
affidavits
well
prosecutor
silence
existence
promises
deals
inducements
counsel
pursue
issue
bias
either
guard
turns
however
may
seven
months
prior
trial
mitchell
signed
agreement
providing
atf
pay
information
provided
form
entitled
contract
purchase
information
payment
lump
sum
therefor
provided
bureau
upon
accomplishment
objective
sought
obtained
pay
said
vendor
sum
commensurate
services
information
rendered
app
invited
bureau
special
agent
charge
investigation
agent
prins
recommend
amount
paid
information
received
proved
worthy
compensation
agent
prins
personally
presented
forms
mitchell
signatures
two
witnesses
signed
last
affidavits
declared
absence
promise
reward
day
signed
atf
forms
trial
agent
prins
requested
mitchell
paid
bureau
reduced
rewards
app
pet
cert
district
judge
concluded
appears
probable
mitchell
expect
receive
kind
compensation
expenses
assistance
though
perhaps
testimony
upon
discovering
atf
forms
freedom
information
act
request
bagley
sought
relief
conviction
district
judge
denied
bagley
motion
vacate
sentence
stating
judge
original
trier
fact
able
determine
effect
contracts
decision
four
years
earlier
convict
bagley
judge
stated
beyond
reasonable
doubt
contracts
disclosed
effect
upon
convictions
read
entirety
transcripts
testimony
james
donald
mitchell
trial
almost
testimony
witnesses
devoted
firearm
charges
indictment
found
defendant
guilty
charges
respect
charges
defendant
distributing
controlled
substances
possessing
controlled
substances
intention
distributing
testimony
mitchell
relatively
brief
respect
charges
relating
controlled
substances
witnesses
defendant
counsel
seek
discredit
testimony
facts
distribution
rather
sought
show
controlled
substances
question
came
supplies
prescribed
defendant
use
aspect
testimony
testimony
mitchell
tended
favorable
defendant
second
statement
bagley
attempt
discredit
witnesses
testimony
suggest
impeachment
evidence
used
defense
ignores
realities
trial
preparation
strategy
factually
erroneous
well
initially
government
failure
disclose
existence
inducements
witnesses
coupled
disclosure
affidavits
stating
promises
made
lead
careless
lawyer
step
wide
clear
questions
promises
inducements
combination
nondisclosure
disclosure
simply
lead
reasonable
attorney
believe
witness
impeached
basis
thus
firm
avowal
payment
received
return
assistance
testimony
offered
trial
witness
even
government
employee
devastating
defense
wise
attorney
necessity
seek
alternative
defense
strategy
moreover
counsel
bagley
fact
attempt
discredit
asking
whether
two
atf
agents
pressured
threatened
job
might
jeopardy
order
get
cooperate
tr
answered
negative
counsel
stopped
line
questioning
addition
counsel
bagley
attempted
argue
district
closing
argument
mitchell
fabricated
accounts
tr
rejected
proposition
let
say
find
hard
believe
really
testimony
fabricated
think
might
mistaken
know
possible
mistaken
really
get
impression
either
one
men
trying
least
make
case
defendant
emphasis
added
case
unique
whenever
government
fails
response
request
disclose
impeachment
evidence
relating
credibility
key
witnesses
process
trial
necessarily
thrown
askew
failure
disclose
evidence
affecting
overall
credibility
witnesses
corrupts
process
degree
instances
see
giglio
napue
illinois
agurs
marshall
dissenting
reliability
given
witness
may
well
determinative
guilt
innocence
giglio
supra
quoting
napue
supra
government
case
depend
almost
entirely
testimony
certain
witness
evidence
witness
possible
bias
simply
may
said
irrelevant
omission
harmless
chief
justice
said
giglio
ordered
new
trial
case
promise
key
witness
disclosed
jury
ithout
taliento
testimony
indictment
evidence
carry
case
jury
taliento
credibility
witness
therefore
important
issue
case
evidence
understanding
agreement
future
prosecution
relevant
credibility
jury
entitled
know
reasons
due
process
requirements
enunciated
napue
cases
cited
earlier
require
new
trial
indeed
giglio
essentially
compels
result
similarities
case
one
evident
cases
triers
fact
left
unaware
government
inducements
key
witnesses
cases
individual
trial
prosecutors
acted
good
faith
failed
disclose
exculpatory
evidence
see
giglio
supra
app
pet
cert
magistrate
finding
bagley
prosecutor
disclosed
information
known
sole
difference
two
cases
lies
fact
giglio
prosecutor
affirmatively
stated
trier
fact
promises
made
silence
response
defense
request
took
place
affirmative
error
trial
although
prosecutor
make
affirmative
misrepresentation
defense
affidavits
thus
case
trier
fact
left
unaware
powerful
reasons
question
credibility
witnesses
process
corrupted
withholding
evidence
favorable
defense
regardless
whether
evidence
directly
contradictory
evidence
offered
prosecution
agurs
supra
marshall
dissenting
case
giglio
new
trial
order
appeals
correctly
reversed
district
denial
relief
ii
instead
affirming
today
chooses
reverse
remand
case
application
newly
stated
standard
facts
case
believe
evidence
issue
remained
undisclosed
despite
particular
request
undoubtedly
material
standard
also
serious
doubts
whether
definition
constitutional
right
issue
adequately
takes
account
interests
sought
protect
decision
brady
maryland
begin
fundamental
premise
hardly
bears
repeating
purpose
trial
much
acquittal
innocent
person
conviction
guilty
one
application
kapatos
supp
sdny
see
giles
maryland
fortas
concurring
judgment
state
obligation
convict
see
far
possible
truth
emerges
evidence
favorable
defendant
known
exist
disclosure
enhances
quest
truth
takes
direct
toll
inquiry
moreover
existence
small
piece
evidence
favorable
defense
may
particular
case
create
doubt
prevents
jury
returning
verdict
guilty
private
whys
wherefores
jury
deliberations
pose
impenetrable
barrier
ability
know
piece
information
might
make
might
made
difference
state
disclose
information
possession
might
reasonably
considered
favorable
defense
precludes
trier
fact
gaining
access
information
thereby
undermines
reliability
verdict
unlike
situation
exculpatory
evidence
exists
neither
defense
prosecutor
uncovered
situation
state
already
resting
files
material
assistance
defendant
minimum
effort
state
improve
real
apparent
fairness
trial
enormously
assuring
defendant
may
place
trier
fact
favorable
evidence
known
government
proposition
new
long
recognized
within
limit
state
ability
identify
exculpatory
information
state
concern
fair
verdict
precludes
withholding
defense
evidence
favorable
defendant
case
prosecutor
files
see
pyle
kansas
allegation
imprisonment
resulted
perjured
testimony
deliberate
suppression
authorities
evidence
favorable
charge
deprivation
rights
guaranteed
federal
constitution
recognition
doubt
stems
part
frequently
considerable
imbalance
resources
criminal
defendants
prosecutors
offices
many
perhaps
criminal
defendants
represented
appointed
counsel
often
paid
minimal
wages
operate
shoestring
budgets
addition
unlike
police
defense
counsel
generally
present
scene
crime
time
arrest
instead
comes
case
late
moreover
unlike
government
defense
counsel
position
make
deals
witnesses
gain
evidence
thus
inexperienced
unskilled
unaggressive
attorney
often
unable
amass
factual
support
necessary
reasonable
defense
favorable
evidence
hands
prosecutor
disclosed
result
may
well
defendant
deprived
fair
chance
trier
fact
trier
fact
deprived
ingredients
necessary
fair
decision
grim
reality
course
poses
direct
challenge
traditional
model
adversary
criminal
process
perhaps
reality
directly
questions
fairness
longstanding
processes
change
cautions
halting
thus
gone
full
road
expressly
required
state
provide
defendant
access
prosecutor
complete
files
investigators
assure
defendant
opportunity
discover
every
existing
piece
helpful
evidence
cf
ake
oklahoma
access
assistance
psychiatrist
constitutionally
required
proper
showing
need
instead
acknowledgment
fact
important
interests
served
potentially
favorable
evidence
disclosed
fashioned
compromise
requiring
prosecution
identify
disclose
defendant
favorable
material
possesses
requirement
small
albeit
important
step
toward
equality
justice
brady
maryland
course
established
requirement
disclosure
fundamental
element
fair
trial
holding
defendant
denied
due
process
given
access
favorable
evidence
material
either
guilt
punishment
since
brady
decided
struggled
series
decisions
define
best
effectuate
right
recognized
mind
brady
decision
reasoning
underlay
fundamental
interest
fair
trial
combine
give
criminal
defendant
right
receive
prosecutor
prosecutor
affirmative
duty
turn
defendant
information
known
government
might
reasonably
considered
favorable
defendant
case
formulation
right
imposition
duty
essence
due
process
law
state
tries
man
state
must
insure
trial
fair
moore
illinois
marshall
concurring
part
dissenting
part
right
denied
duty
shirked
however
believe
reviewing
automatically
reverse
instead
apply
test
developed
instances
error
affecting
constitutional
rights
see
chapman
california
view
based
significant
part
reality
criminal
practice
consequently
inadequate
protection
defendant
different
rule
offer
implement
brady
courts
must
course
work
within
confines
criminal
process
system
criminal
justice
animated
two
seemingly
incompatible
notions
adversary
model
state
primary
concern
justice
convictions
brady
course
reflects
latter
goal
justice
ways
odds
competing
model
sporting
event
goal
must
integrate
brady
right
harsh
daily
reality
apparently
discordant
criminal
process
trial
level
duty
state
effectuate
brady
devolves
duty
prosecutor
dual
role
prosecutor
must
play
poses
serious
obstacle
implementing
brady
prosecutor
trade
necessity
zealous
advocate
trained
attorney
must
aggressively
seek
convictions
behalf
victimized
public
time
representative
state
must
place
foremost
hierarchy
interests
determination
truth
thus
purposes
brady
prosecutor
must
abandon
role
advocate
pore
files
objectively
possible
identify
material
undermine
case
given
obviously
unharmonious
role
surprising
advocates
oftentimes
overlook
downplay
potentially
favorable
evidence
often
cases
doubt
failure
disclose
result
absolute
good
faith
indeed
one
need
think
fourth
amendment
requirement
neutral
intermediary
tests
strength
facts
recognize
curious
status
brady
imposes
prosecutor
one
telling
example
offered
judge
newman
attorney
suffices
recently
occasion
discuss
brady
pli
conference
new
york
city
large
group
state
prosecutors
put
case
prosecuting
bank
robbery
talked
two
three
tellers
one
two
customers
time
robbery
taken
look
defendant
said
man
course
investigation
also
found
another
customer
bank
day
viewed
suspect
came
back
said
man
question
put
prosecutors
believe
disclose
defense
name
witness
viewed
suspect
said
man
room
prosecutors
quite
large
group
almost
large
two
hands
went
two
prosecutors
group
felt
disclose
disclose
information
yet
putting
thought
easiest
case
clearest
case
disclosure
exculpatory
information
newman
panel
discussion
judicial
conference
second
judicial
circuit
reprinted
discovery
criminal
cases
hereafter
newman
prosecutor
surely
greets
moment
must
turn
brady
material
little
enthusiasm
perusing
files
must
make
often
difficult
decision
whether
evidence
favorable
must
decide
side
err
faced
doubt
role
advocate
answers
clear
role
representative
state
answers
equally
clear
often
contrary
evidence
doubtful
worth
eyes
prosecutor
inestimable
value
defense
might
make
difference
trier
fact
prosecutor
suspects
certain
information
might
favorable
implications
defense
either
potentially
exculpatory
relevant
credibility
see
reason
required
disclose
favorable
evidence
indisputably
enhances
process
trial
job
defense
prosecution
decide
whether
way
use
arguably
favorable
evidence
addition
require
disclosure
evidence
might
reasonably
considered
favorable
defendant
precautionary
effect
assuring
information
potential
consequence
mistakenly
overlooked
requiring
full
disclosure
favorable
evidence
way
courts
begin
assure
possibly
dispositive
piece
information
withheld
trier
fact
prosecutor
torn
two
roles
must
play
clear
rule
kind
coupled
presumption
favor
disclosure
also
facilitate
prosecutor
admittedly
difficult
task
removing
substantial
amount
unguided
discretion
trial
thereby
due
process
seem
require
rule
absent
countervailing
interest
see
little
reason
government
keep
information
defendant
interest
nondisclosure
trial
stage
best
slight
government
apparently
seeks
avoid
administrative
hassle
disclosure
prevent
disclosure
inculpatory
evidence
might
result
witness
intimidation
manufactured
rebuttal
evidence
neither
concerns
however
counsels
favor
rule
nondisclosure
close
ambiguous
cases
contrary
rule
simplifying
disclosure
decision
definition
make
decision
complex
disclosure
favorable
evidence
inevitably
lead
disclosure
inculpatory
evidence
might
open
file
policy
anticipated
wrongdoings
defendants
lawyers
indeed
fears
warranted
mechanisms
disciplining
unscrupulous
defense
counsel
hamstringing
clients
need
one
simply
find
state
interest
warrants
withholding
presumptively
innocent
defendant
whose
liberty
stake
proceeding
information
bears
case
might
enable
defend
foregoing
analysis
prosecutor
duty
quite
straightforward
must
divulge
evidence
reasonably
appears
favorable
defendant
erring
side
disclosure
however
offers
complex
alternative
defines
right
reference
possible
usefulness
particular
evidence
preparing
presenting
case
retrospectively
reference
likely
effect
evidence
outcome
trial
thus
holds
due
process
require
prosecutor
turn
evidence
unless
evidence
material
evidence
material
reasonable
probability
evidence
disclosed
defense
result
proceeding
different
ante
although
looks
like
standard
review
see
strickland
washington
adopting
standard
review
instead
relies
review
standard
define
contours
defendant
constitutional
right
certain
material
prior
trial
adhering
view
articulated
agurs
constitutional
duty
disclose
evidence
unless
nondisclosure
certain
impact
trial
permits
prosecutors
withhold
impunity
large
amounts
undeniably
favorable
evidence
imposes
prosecutors
burden
identify
disclose
evidence
pursuant
pretrial
standard
virtually
defies
definition
standard
disclosure
articulates
today
enables
prosecutors
avoid
disclosing
obviously
exculpatory
evidence
acting
well
within
bounds
constitutional
obligation
numerous
lower
cases
provide
examples
evidence
undoubtedly
favorable
necessarily
material
definition
consequently
disclosed
defendant
view
see
sperling
prior
statement
disclosing
motive
key
government
witness
testify
cert
denied
king
ponte
prior
inconsistent
statements
government
witness
see
also
oxman
addressing
disturbing
prosecutorial
tendency
withhold
information
later
opportunity
argue
benefit
hindsight
information
material
cert
pending
sub
nom
pflaumer
result
veer
sharply
away
basic
notion
fairness
trial
increases
amount
existing
favorable
evidence
defendant
access
disavow
ideal
full
disclosure
definition
poses
serious
problems
besides
legitimizing
nondisclosure
clearly
favorable
evidence
standard
set
also
asks
prosecutor
predict
effect
various
pieces
evidence
trial
must
evaluate
case
case
defendant
presumably
knows
little
perform
impossible
task
deciding
whether
certain
piece
information
significant
impact
trial
bearing
mind
defendant
later
shoulder
heavy
burden
proving
affected
outcome
best
standard
places
prosecutor
responsibility
speculate
times
without
foundation
since
prosecutor
normally
know
strategy
defense
pursue
evidence
defense
find
useful
worst
standard
invites
prosecutor
whose
interests
conflicting
gamble
play
odds
take
chance
evidence
later
turn
potentially
dispositive
one
appeals
recently
vented
frustration
unfortunate
consequences
seems
clear
tests
materiality
tendency
encourage
unilateral
prosecutors
respect
disclosure
root
problem
prosecutor
tendency
adopt
retrospective
view
materiality
trial
prosecutor
know
whether
trial
particular
evidence
prove
material
following
adversarial
instincts
prosecutors
determined
unilaterally
evidence
material
often
good
faith
disclosed
neither
defense
counsel
evidence
emerges
trial
prosecutor
always
argue
benefit
hindsight
material
oxman
supra
simply
agree
due
process
right
favorable
evidence
recognized
brady
intended
become
entangled
prosecutorial
determinations
likelihood
particular
information
affect
outcome
trial
almost
decade
lower
practice
agurs
convinces
courts
prosecutors
come
pay
much
deference
federal
common
law
policy
discouraging
discovery
criminal
cases
little
regard
due
process
law
defendants
oxman
supra
apparently
anxious
assure
reversals
handed
sparingly
defined
rigorous
test
materiality
eager
apply
materiality
standard
pretrial
stage
permits
prosecutors
lose
sight
basic
principles
underlying
doctrine
return
original
theory
promise
brady
reassert
duty
prosecutor
disclose
evidence
files
might
reasonably
considered
favorable
defendant
case
prosecutor
know
prior
trial
whether
evidence
consequence
trial
mere
fact
might
however
suffices
mandate
disclosure
saying
recognize
failure
divulge
favorable
information
result
reversal
cases
may
conviction
affirmed
appeal
despite
prosecutor
failure
disclose
evidence
reasonably
might
deemed
potentially
favorable
prior
trial
state
interest
nondisclosure
trial
minimal
therefore
yield
readily
apparent
benefit
full
disclosure
convey
search
truth
trial
however
benefits
disclosure
may
times
tempered
state
legitimate
desire
avoid
retrial
error
harmless
however
making
determination
harmlessness
apply
normal
constitutional
error
test
reverse
unless
clear
beyond
reasonable
doubt
withheld
evidence
affected
outcome
trial
see
chapman
california
see
also
agurs
marshall
dissenting
rule
automatic
reversal
course
dilutes
brady
right
extent
offers
prosecutor
incentive
turn
information
practical
effect
might
argued
little
difference
rule
propose
prosecutor
must
disclose
favorable
evidence
files
subject
review
rule
adopts
prosecutor
must
disclose
favorable
information
might
affect
outcome
trial
according
argument
constitutional
right
favorable
evidence
leads
reversal
withheld
evidence
might
affected
outcome
trial
result
constitutional
right
evidence
affect
trial
outcome
see
capra
access
exculpatory
evidence
avoiding
agurs
problems
prosecutorial
discretion
retrospective
review
ford
rev
several
reasons
however
disagree
first
faith
prosecutor
treat
rule
requiring
disclosure
information
certain
kind
differently
rule
requiring
disclosure
information
second
persistent
egregious
failure
comply
constitutional
duty
lead
disciplinary
actions
courts
third
standard
harmlessness
adopt
protective
defendant
chosen
placing
burden
prosecutor
rather
defendant
prove
harmlessness
actions
foolish
prosecutor
gambled
glibly
standard
review
finally
unrealistic
ignore
fact
appellate
stage
state
interest
avoiding
retrial
error
harmless
beyond
reasonable
doubt
interest
counsels
requiring
new
trial
every
case
thus
believe
review
harmlessness
order
disagree
standard
even
merely
standard
review
definition
materiality
first
see
significant
difference
purposes
giglio
situation
one
reasons
believe
result
must
therefore
giglio
see
supra
also
believe
standard
reversal
defendant
entitlement
new
trial
different
two
cases
burden
faces
appeal
also
giglio
remains
law
class
cases
reaffirm
belief
standard
applies
case
well
see
agurs
supra
marshall
dissenting
second
strict
appellate
standard
places
prosecutor
burden
defend
decisions
remove
incentive
gamble
finding
harmlessness
lesser
standard
especially
one
defendant
bears
burden
proof
provides
prosecutor
ample
room
withhold
favorable
evidence
provides
reviewing
simple
means
affirm
whenever
view
correct
result
reached
especially
true
given
speculative
nature
retrospective
review
appellate
review
might
extremely
difficult
context
adversarial
system
evidence
introduced
vacuum
rather
built
upon
absence
certain
evidence
may
thus
affect
usefulness
hence
use
evidence
defense
counsel
access
indeed
absence
piece
evidence
may
affect
entire
trial
strategy
defense
counsel
capra
supra
even
protective
standard
review
however
courts
must
careful
focus
nature
evidence
made
available
defendant
simply
quantity
evidence
defendant
separate
withheld
evidence
otherwise
today
acknowledges
reviewing
risks
overlooking
fact
failure
disclose
direct
effect
entire
course
trial
without
doubt
defense
counsel
develops
trial
strategy
based
available
evidence
missing
piece
information
may
well
preclude
attorney
pursuing
strategy
potentially
effective
client
might
consequently
convicted
even
though
nondisclosed
information
might
offered
additional
alternative
defense
pure
exculpation
circumstances
reviewing
must
sure
focus
amount
evidence
supporting
verdict
determine
whether
trier
fact
reasonably
reach
conclusion
instead
must
decide
whether
prosecution
shown
beyond
reasonable
doubt
new
evidence
disclosed
developed
reasonably
competent
counsel
affected
outcome
trial
case
readily
apparent
undisclosed
information
impact
defense
presented
trial
perhaps
judgment
counsel
bagley
argued
trial
judge
government
two
key
witnesses
fabricated
accounts
drug
distributions
trial
judge
rejected
argument
lack
evidence
motive
see
supra
key
witnesses
turned
receive
monetary
rewards
whose
size
contingent
usefulness
assistance
rewards
served
strengthen
incentive
testify
falsely
order
secure
conviction
ante
mind
need
said
harmless
affirm
judgment
appeals
early
made
clear
prior
trial
defendant
must
access
impeachment
evidence
government
possession
addressing
defendant
aaron
burr
claim
access
letter
general
wilkinson
key
witness
burr
trial
treason
chief
justice
marshall
wrote
application
letter
case
shown
terms
communication
made
statement
conduct
accused
made
person
declared
essential
witness
order
producing
letter
opposed
first
material
defense
principle
universally
acknowledged
party
right
oppose
testimony
witness
declarations
witness
made
times
subject
possesses
right
must
bring
forward
proof
declarations
proof
must
obtained
knows
positively
witness
say
waits
witness
heard
trial
late
meet
former
declarations
former
declarations
therefore
constitute
mass
testimony
party
right
obtain
way
precaution
positive
necessity
decided
trial
burr
cas
cc
see
fortas
fifth
amendment
nemo
tenetur
prodere
seipsum
clev
state
defendant
meet
law
contemplates
adversary
trial
equals
strength
strength
resource
resource
argument
argument
see
also
babcock
fair
play
evidence
favorable
accused
effective
assistance
counsel
stan
rev
discussing
challenge
brady
poses
traditional
adversary
model
indeed
recent
decision
stating
stringent
standard
demonstrating
ineffective
assistance
counsel
makes
effective
brady
right
even
crucial
without
real
guarantee
effective
counsel
relative
abilities
state
defendant
become
even
skewed
need
minimal
guarantee
access
potentially
favorable
information
becomes
significantly
greater
see
strickland
washington
marshall
dissenting
babcock
supra
discussing
interplay
right
brady
material
right
effective
assistance
counsel
see
newman
describing
serious
problem
witness
intimidation
arises
prosecutor
disclosure
witnesses
see
brennan
criminal
prosecution
sporting
event
quest
truth
disputing
similar
argument
brady
stated
rule
suppression
prosecution
evidence
favorable
defendant
violates
due
process
evidence
material
either
guilt
punishment
also
observed
two
decisions
appeals
third
circuit
state
correct
constitutional
rule
neither
decisions
limited
right
evidence
material
within
meaning
today
articulates
instead
provide
strong
evidence
brady
might
used
word
evidentiary
sense
mean
essentially
germane
points
issue
ex
rel
almeida
baldi
cert
denied
appeals
granted
petition
habeas
corpus
case
state
withheld
defendant
evidence
might
mitigated
punishment
describing
withheld
evidence
relevant
pertinent
concluded
think
conduct
commonwealth
outlined
instant
case
conflict
fundamental
principles
liberty
justice
suppression
evidence
favorable
almeida
denial
due
process
similarly
ex
rel
thompson
dye
cert
denied
district
denied
petition
habeas
corpus
finding
certain
evidence
defendant
drunkenness
time
offense
question
vital
defense
require
disclosure
supp
wd
appeals
reversed
observing
whether
jury
ultimately
credit
evidence
issue
evidence
substantial
state
failure
disclose
held
matter
law
unimportant
defense
clear
term
material
evidentiary
meaning
quite
distinct
attributes
judge
weinstein
example
defines
synonymous
words
ultimate
fact
operative
fact
material
fact
consequential
fact
means
fact
consequence
determination
action
weinstein
berger
weinstein
evidence
quoting
fed
rule
evid
similarly
another
treatise
evidence
explains
two
components
relevance
materiality
probative
value
materiality
looks
relation
propositions
evidence
offered
issues
case
evidence
offered
help
prove
proposition
matter
issue
evidence
immaterial
cleary
mccormick
evidence
ed
probative
value
addresses
tendency
evidence
establish
material
proposition
ibid
see
also
wigmore
evidence
tillers
rev
nothing
brady
suggest
intended
anything
rule
favorable
evidence
need
relate
proposition
issue
case
order
merit
disclosure
even
use
term
material
simply
refer
favorable
evidence
might
relevant
however
still
believe
due
process
requires
prosecutors
duty
disclose
evidence
inherent
difficulty
applying
prior
trial
definition
relates
outcome
trial
based
speculation
knowledge
means
considerable
amount
potentially
consequential
material
might
slip
standard
given
experience
past
decade
agurs
practical
problem
inevitably
exists
evidence
must
disclosed
prior
trial
use
conclude
potentially
favorable
evidence
must
disclosed
course
agree
courts
allowed
exceptions
rule
showing
exigent
circumstances
based
security
law
enforcement
needs
case
deliberate
prosecutorial
misconduct
automatic
reversal
might
well
proper
certain
kinds
constitutional
error
infect
system
justice
require
reversal
cases
discrimination
jury
selection
see
peters
kiff
deliberate
effort
prosecutor
undermine
search
truth
clearly
category
offenses
antithetical
basic
vision
role
state
criminal
process
example
ex
rel
butler
maroney
defendant
convicted
murder
trial
counsel
based
defense
temporary
insanity
time
murder
trial
testimony
suggested
shooting
might
accidental
result
struggle
defense
counsel
develop
defense
later
turned
eyewitness
shooting
given
police
statement
victim
butler
struggled
prior
murder
defense
counsel
known
trial
eyewitness
seen
might
relied
additional
defense
might
emphasized
struggle
see
note
prosecutor
constitutional
duty
reveal
evidence
defendant
yale
unless
information
already
known
counsel
trial
failure
disclose
evidence
kind
simply
harmless
reasonably
competent
counsel
might
utilized
yield
different
outcome
matter
overwhelming
evidence
butler
committed
murder
right
go
trier
fact
present
best
available
defense
similarly
ashley
texas
cert
denied
defendant
sentenced
death
murder
prosecutor
disclosed
defense
psychiatrist
report
indicating
defendant
sane
failed
disclose
reports
psychiatrist
psychologist
indicating
defendant
insane
information
relate
trial
defense
failure
disclose
evidence
clearly
prevented
defense
counsel
developing
possibly
dispositive
defense
might
developed
psychiatric
examinations
presentation
trial
nondisclosed
evidence
obviously
threw
entire
course
trial
preparation
new
trial
order
case
simply
need
consider
light
evidence
actually
presented
quantity
evidence
support
verdict
returned
possible
effect
information
particular
jury
heard
case
indeed
make
evaluation
substitute
reviewing
judgment
facts
including
previously
undisclosed
evidence
jury
without
benefit
competent
counsel
development
information
see
also
field
assessing
harmlessness
federal
constitutional
error
process
need
rationale
rev
discussing
application
test
justice
stevens
dissenting
case
involves
straightforward
application
rule
announced
brady
maryland
case
involving
nondisclosure
material
evidence
prosecution
response
specific
request
defense
agree
appeals
misdescribed
rule
see
ante
respectfully
dissent
unwarranted
decision
rewrite
rule
correctly
notes
outset
opinion
ante
holding
brady
suppression
prosecution
evidence
favorable
accused
upon
request
violates
due
process
evidence
material
either
guilt
punishment
noted
agurs
rule
brady
arguably
might
apply
three
different
situations
involving
discovery
trial
evidence
known
prior
trial
prosecution
defense
holding
agurs
brady
rule
applies
two
situations
third
two
situations
rule
applies
demonstrating
prosecution
knowing
use
perjured
testimony
exemplified
mooney
holohan
prosecution
suppression
favorable
evidence
specifically
requested
defendant
exemplified
brady
situations
prosecution
deliberate
nondisclosure
constitutes
constitutional
error
conviction
must
set
aside
suppressed
perjured
evidence
material
reasonable
likelihood
affected
outcome
trial
see
brady
supra
tend
exculpate
accord
reasonable
likelihood
giglio
reasonable
likelihood
napue
illinois
may
effect
outcome
combination
willful
prosecutorial
suppression
evidence
importantly
potential
corruption
function
trial
process
requires
result
brady
suppressed
confession
inadmissible
guilt
affected
outcome
issue
however
evidence
affected
brady
punishment
therefore
material
latter
issue
former
ibid
materiality
thus
used
describe
admissible
evidence
affected
dispositive
issue
trial
question
agurs
whether
brady
rule
extended
cover
case
neither
perjury
specific
request
whether
prosecution
constitutional
duty
search
files
disclose
automatically
response
general
request
evidence
might
helped
defense
might
affected
outcome
evidence
course
covered
brady
formulation
specifically
requested
noted
agurs
however
specific
defense
request
evidence
notice
prosecution
defense
already
evidence
considered
evidence
particular
value
consequently
stated
absence
request
prosecution
constitutional
duty
volunteer
obviously
exculpatory
evidence
constitutional
duty
disclose
different
duty
described
brady
surprising
developed
different
standard
materiality
agurs
context
necessarily
describing
inevitably
imprecise
standard
terms
appropriate
review
held
constitutional
violation
occurs
absence
specific
request
unless
omitted
evidence
creates
reasonable
doubt
otherwise
exist
ignores
regard
agurs
analysis
restricted
entirely
general
context
standard
materiality
fashioned
purpose
determining
whether
prosecutor
failure
volunteer
exculpatory
evidence
amounted
constitutional
error
unnecessary
regard
two
categories
prosecutorial
suppression
already
covered
brady
rule
specific
situation
agurs
well
circumstances
strickland
washington
simply
falls
outside
brady
context
ante
brady
rule
unquestionably
applies
case
government
failed
disclose
favorable
evidence
clearly
responsive
defendant
specific
request
bagley
conviction
therefore
must
set
aside
suppressed
evidence
material
obviously
see
supra
reasonable
likelihood
affected
judgment
trier
fact
choice
therefore
merely
whether
affirm
reasons
stated
part
justice
marshall
dissent
remand
appeals
review
standard
stated
brady
follow
latter
course
disagree
justice
marshall
analysis
record
believe
perform
task
reviewing
trial
transcripts
first
instance
see
hasting
stevens
concurring
judgment
confident
appeals
reach
appropriate
result
applied
proper
standard
however
today
sets
reformulation
brady
rule
confidence
even
though
prosecution
suppressed
evidence
specifically
requested
apparently
appeals
may
reverse
reasonable
probability
suppressed
evidence
altered
result
trial
ante
according
single
rule
sufficiently
flexible
cover
specific
well
general
instances
nondisclosure
ante
least
view
justice
blackmun
justice
reviewing
consider
directly
standard
threatening
effect
nondisclosure
response
specific
defense
request
generally
function
adversary
process
ante
opinion
blackmun
agree
approach
stretches
concept
materiality
beyond
recognizable
scope
transforming
merely
evidentiary
concept
used
brady
agurs
required
material
evidence
admissible
probative
guilt
innocence
context
specific
request
standard
seems
include
independent
weight
favor
affirming
convictions
despite
evidentiary
suppression
evidence
favorable
accused
relevant
dispositive
issue
guilt
apparently
may
still
found
material
hence
suppressible
prosecutors
prior
trial
unless
reasonable
probability
use
result
acquittal
justice
marshall
rightly
criticizes
incentives
standard
creates
prosecutors
gamble
play
odds
take
chance
evidence
later
turn
potentially
dispositive
ante
moreover
analysis
reduces
significance
deliberate
prosecutorial
suppression
potentially
exculpatory
evidence
merely
one
numerous
factors
may
considered
reviewing
ante
opinion
blackmun
faithful
statement
agurs
hen
prosecutor
receives
specific
relevant
request
failure
make
response
seldom
ever
excusable
suppression
far
serious
mere
nondisclosure
evidence
defense
expressed
particular
interest
reviewing
attach
great
significance
silence
face
specific
request
responsive
evidence
later
shown
government
possession
silence
actively
misleads
way
affirmative
representation
exculpatory
evidence
exist
fact
perjury
indeed
two
situations
aptly
described
sides
single
coin
babcock
fair
play
evidence
favorable
accused
effective
assistance
counsel
stan
rev
accordingly
although
judgment
appeals
vacated
case
remanded
proceedings
disagree
statement
correct
standard
applied
therefore
respectfully
dissent
judgment
case
remanded
determination
new
standard
agree
reference
constitutional
error
case
see
ante
emphasis
added
believe
violation
brady
rule
definition
constitutional
error
cf
agurs
rejecting
rule
making
every
nondisclosure
automatic
error
outside
brady
specific
request
perjury
contexts
written
brady
rule
due
process
clause
violated
favorable
evidence
turned
upon
request
evidence
material
either
guilt
punishment
brady
maryland
justice
marshall
explication
record
case
demonstrates
ante
suppressed
evidence
favorable
bagley
also
unquestionably
material
issue
guilt
innocence
two
witnesses
signed
undisclosed
contract
purchase
information
trial
witnesses
two
distribution
counts
bagley
convicted
defense
counsel
attempted
undercut
witnesses
credibility
obviously
central
issue
little
factual
basis
defense
counsel
suggested
lack
credibility
final
argument
bench
trial
trial
judge
demurred
really
get
impression
either
one
men
trying
least
make
case
defendant
finding
evidence
showing
witnesses
fact
direct
personal
stake
respondent
conviction
ante
nevertheless
material
egregiously
erroneous
standard
prosecution
withholds
evidence
demand
accused
made
available
tend
exculpate
reduce
penalty
helps
shape
trial
bears
heavily
defendant
casts
prosecutor
role
architect
proceeding
comport
standards
justice
brady
supra
conclude
significant
difference
cases
merely
general
request
exculpatory
matter
cases
like
one
must
decide
request
consider
whether
prosecutor
constitutional
duty
volunteer
exculpatory
matter
defense
standard
materiality
gives
rise
duty
proper
standard
materiality
must
reflect
overriding
concern
justice
finding
guilt
finding
permissible
supported
evidence
establishing
guilt
beyond
reasonable
doubt
necessarily
follows
omitted
evidence
creates
reasonable
doubt
otherwise
exist
constitutional
error
committed
omitted
also
held
agurs
request
particular
information
made
determination
whether
failure
voluntarily
disclose
exculpatory
evidence
amounts
constitutional
error
depends
character
evidence
character
prosecutor
nevertheless
implicitly
acknowledging
broad
discretion
trial
appellate
courts
must
ensure
fairness
area
noted
prudent
prosecutor
resolve
doubtful
questions
favor
disclosure
finally
noted
determination
reasonable
doubt
vary
even
context
depending
circumstances
case
example
verdict
already
questionable
validity
additional
evidence
relatively
minor
importance
might
sufficient
create
reasonable
doubt
see
ante
starting
point
framework
evaluating
materiality
brady
evidence
established
agurs
ante
referring
generally
agurs
standard
materiality
undisclosed
evidence
ante
marshall
dissenting
describing
agurs
stating
general
rule
constitutional
duty
disclose
evidence
unless
nondisclosure
certain
impact
trial
see
babcock
fair
play
evidence
favorable
accused
effective
assistance
counsel
stan
rev
agurs
distinguished
situations
two
brady
contexts
standard
continue
course
agree
justice
blackmun
ante
justice
marshall
ante
long
line
precedents
establishing
reasonable
likelihood
standard
use
perjured
testimony
remains
intact
also
note
plainly
envisions
reversal
bagley
conviction
possible
remand
even
new
standard
formulated
today
cases
see
ante