Is intentional suppression of material evidence a denial of fair trial to a defendant?

California, United States of America


The following excerpt is from People v. Johnson, 113 Cal.Rptr. 303, 38 Cal.App.3d 228 (Cal. App. 1974):

Intentional suppression of material evidence, upon request, constitutes a denial of fair trial to a defendant, and is error (In re Ferguson, 5 Cal.3d 525, 532, 534, 96 Cal.Rptr. 594, 487 P.2d 1234). The error is reversible if there was a reasonable probability the accused would have obtained a more favorable result in its absence (People v. Riser, Supra, 47 Cal.2d 566, 588, 305 P.2d 1). Stated otherwise, whether the error is reversible depends on the materiality of the evidence sought, which is determined in the light of all the circumstances, including not only the evidence of guilt, but also the defense evidence (In re Ferguson, Supra, 5 Cal.3d 525, 533, 96 Cal.Rptr. 594, 487 P.2d 1234).

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