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Brady violation
Violation of discovery rules when prosecutor fails to turn over exculpatory materials acquired during a criminal investigation to defense counsel.
- The evidence at issue must be favorable to the accused, either because it is exculpatory, or because it is impeaching.
- The evidence must have been suppressed by the state, either willfully or inadvertently.
- Prejudice must have ensued.
Violation occurs whenever three conditions are met:
This entry is located in the following unit:
Criminal Court Words or Judicial Terms +
(page 5)