Does the prosecution have a duty to disclose evidence to the accused on the request of the accused?

California, United States of America


The following excerpt is from People v. Eades, G052399 (Cal. App. 2017):

In Brady, supra, 373 U.S. 83, the United States Supreme Court held "the suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment, irrespective of the good faith or bad faith of the prosecution." (Id. at p. 87.) Further, "the duty to disclose such evidence exists even though there has been no request by the accused." (People v. Salazar (2005) 35 Cal.4th 1031, 1042.)

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