Right to disclosure of exculpatory and impeachment evidence - Next Generation Bar Exam

1. Under Arizona v. Youngblood, when does the government's failure to preserve potentially useful evidence violate due process?

   Only when the defendant shows bad faith by the police. Destruction of evidence with apparent exculpatory value, by contrast, can violate due process without bad faith.

2. Under Napue v. Illinois and Giglio, when does the prosecution's use of false testimony require a new trial?

   When the prosecution knew or should have known it was false and there is any reasonable likelihood it affected the verdict. The prosecution must correct false testimony when it appears, even if it did not solicit it.

3. Under Giglio v. United States, what kind of favorable evidence falls within the Brady duty?

   Impeachment evidence, such as promises of leniency to a prosecution witness. Evidence affecting a key witness's credibility can be material.

4. Under Kyles v. Whitley, how is materiality assessed when several items were withheld?

   Collectively, considering the cumulative effect of all suppressed evidence. Items are not evaluated one at a time in isolation.

5. Under United States v. Agurs, what is the effect of the defense's failure to request favorable evidence?

   The prosecution's duty to disclose material favorable evidence still applies. The Brady duty does not depend on a request.

6. Under Kyles v. Whitley, whose knowledge of favorable evidence is attributed to the prosecutor?

   Others acting on the government's behalf in the case, including the police. The prosecutor has a duty to learn of favorable evidence known to them.

7. What is the ordinary remedy for a Brady violation discovered after conviction?

   A new trial. The defendant must show the suppressed evidence was favorable and material.

8. What role does the prosecutor's good or bad faith play in a Brady violation?

   It is irrelevant; suppression violates due process irrespective of good or bad faith. The focus is on the fairness of the trial, not the prosecutor's culpability.

9. Under Brady v. Maryland, what must the prosecution disclose?

   Evidence favorable to the accused that is material to guilt or punishment. Suppression of such evidence violates due process.

10. Under United States v. Ruiz, what impeachment information must the prosecution disclose before a guilty plea?

    The Constitution requires no disclosure of impeachment information before a plea. The right is a trial right designed to ensure a fair verdict.

11. Under United States v. Bagley, when is undisclosed evidence material?

    When there is a reasonable probability that disclosure would have produced a different result. A reasonable probability is one sufficient to undermine confidence in the outcome.

12. The prosecutor never discloses that its key eyewitness, whose testimony was central to the conviction, was promised dismissal of his own charges. What relief is the defendant entitled to?

    A new trial, because the suppressed promise was material impeachment evidence. Giglio requires disclosure of agreements with key prosecution witnesses.

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