Does the attorney general have a duty to withhold or otherwise withhold favorable and material evidence from the defense?
California, United States of America
The following excerpt is from People v. Hui Lin Su, B232637 (Cal. App. 2012):
not withhold favorable and material evidence from the defense, neither does it have the duty to conduct the defendant's investigation for him. [Citation.] If the material evidence is in a defendant's possession or is available to a defendant through the exercise of due diligence, then . . . the defendant has all that is necessary to ensure a fair trial . . . ." (People v. Salazar (2005) 35 Cal.4th 1031, 1048-1049.)
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