What is the test for "favorable evidence" in a criminal case?
California, United States of America
The following excerpt is from Sassounian, In re, 37 Cal.Rptr.2d 446, 887 P.2d 527, 9 Cal.4th 535 (Cal. 1995):
But such evidence must be both favorable to the defendant and material on either guilt or punishment. (United States v. Bagley, supra, 473 U.S. at p. 674, 105 S.Ct. at p. 3379.) 5
[9 Cal.4th 544] Evidence is "favorable" if it either helps the defendant or hurts the prosecution, as by impeaching one of its witnesses. (See United States v. Bagley, supra, 473 U.S. at p. 676, 105 S.Ct. at p. 3380.)
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