Does the prosecution have to disclose to the defense any evidence that is "favorable to the accused"?
California, United States of America
The following excerpt is from People v. Lopez, D069279 (Cal. App. 2016):
In Brady, supra, 373 U.S. 83, the United States Supreme Court held that under the due process clause of the Fourteenth Amendment to the United States Constitution, the prosecution must disclose to the defense any evidence that (1) is "favorable to the accused," (2) "material," and (3) was " 'suppressed' by the government." (People v. Salazar (2005) 35 Cal.4th 1031, 1047-1048.)
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