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Withheld Evidence

By: Derek Hawkins//July 5, 2017//

Withheld Evidence

By: Derek Hawkins//July 5, 2017//

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United States Supreme Court

Case Name: TURNER ET AL. v. UNITED STATES

Case No.: 15-1503

Focus: Withheld Evidence

The withheld evidence is not material under Brady.

The Government does not contest petitioners’ claim that the withheld evidence was “favorable to the defense.” Petitioners and the Government, however, do contest the materiality of the undisclosed Brady information. Such “evidence is ‘material’ . . . when there is a reasonable probability that, had the evidence been disclosed, the result of the proceeding would have been different.” Cone v. Bell, 556 U. S. 449, 469–470. “A ‘reasonable probability’ of a different result” is one in which the suppressed evidence “‘undermines confidence in the outcome of the trial.’” Kyles v. Whitley, 514 U. S. 419, 434. To make that determination, this Court “evaluate[s]” the withheld evidence “in the context of the entire record.” United States v. Agurs, 427 U. S. 97, 112.

Affirmed

Dissenting: Kagan, Ginsburg

Concurring:

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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