In the United States Supreme Court case of Brady v. Maryland, 373 U.S. 83 (1963), the United States Supreme Court held that a prosecutor who suppresses evidence favorable to the criminal defendant upon request violates the defendant’s right to due process where the evidence is material either to guilt or to punishment, irrespective of the good or bad faith of the prosecutor. This is the law of the land in the entire United States, and applies to prosecutions in every state and also at the Federal level.
Brady v. Maryland and Exculpatory Evidence in Criminal Cases
by Attorney Eric D. Puryear