What is the test for failing to disclose exculpatory evidence in a criminal case?

California, United States of America


The following excerpt is from Kerkeles v. City of San Jose, 132 Cal.Rptr.3d 143, 199 Cal.App.4th 1001 (Cal. App. 2011):

3 See Brady v. Maryland (1963) 373 U.S. 83, 87, 83 S.Ct. 1194, 10 L.Ed.2d 215 (failure to disclose exculpatory evidence violates the due process clause).

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