Experimental. Doctrines is a new Annlex feature, starting with four areas: Self-incrimination, Brady, Terry and Miranda. Each page collects what courts have said about a leading case, quoted from the opinions that cite it. Annlex Chat uses these collections to help find relevant cases; what a case holds still comes from its opinion. We'd like to hear what's useful, missing or wrong: Send feedback
Cumulative Materiality of Suppressed Evidence (Brady)
Leading case
Kyles v. Whitley, 514 U.S. 419 (1995)
How courts have described it
holding that the State’s disclosure obligation under Brady turns on the cumulative effect of the withheld evidence, not an item by item analysis
Anton E. Barker v. Gary Fleming, 423 F.3d 1085 (9th Cir. 2005)
holding that the State’s disclosure obliga- tion under Brady turns on the cumulative effect of the with- held evidence, not an item by item analysis
Barker v. Fleming (9th Cir. 2005)
holding that the state’s obligation under Brady turns on the “cumulative effect of all such evidence suppressed by the government”
United States v. Steven Madori, Charles Chiapetta, 419 F.3d 159 (2d Cir. 2005)
explaining that the courts must evaluate the cumulative effect of evidence in connection with the prosecution's revealing exculpatory evidence to a habeas petitioner
explaining that Brady materiality is defined “in terms of suppressed evidence considered collectively, not item by item”
Sauder v. State, 901 S.E.2d 124 (Ga. 2024)
finding that the materiality of suppressed 1 ^evidence is considered collectively, not item by item
Howard v. State, 403 S.W.3d 38 (Ark. 2012)
discussing that courts must consider the cumulative effect of excluded evidence in determining if a Brady violation occurred
State Ex Rel. Engel v. Dormire, 304 S.W.3d 120 (Mo. 2010)
holding that undisclosed evidence is “material” if, “considered collectively,” the evidence “could reasonably be taken to put the whole case in such a different light as to undermine confidence in the verdict”
State v. Cook, 2014 Ohio 4900 (Ohio Ct. App. 2014)
Related doctrines
- Duty to disclose material exculpatory evidence absent a specific request
- Reasonable-probability materiality (Brady materiality standard)
- Suppression of material favorable evidence
About this page
The quotations above are from court opinions that cite the leading case, in each court's own words. The heading is a short label Annlex generated from those quotations. It has not been reviewed by a lawyer and is not legal advice.