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
Duty to disclose material exculpatory evidence absent a specific request
Leading case
United States v. Agurs, 427 U.S. 97 (1976)
How courts have described it
rejecting rule making "every nondisclosure. . . automatic error" outside the Brady specific request or perjury contexts
United States v. Bagley, 473 U.S. 667 (1985)
concluding that prosecutor has a duty to reveal material exculpatory evidence even in the absence of a specific request
Brady v. Dill, 187 F.3d 104 (1st Cir. 1999)
holding that even in the absence of a defendant's specific request, (he prosecution has a constitutional duty to produce exculpatory evidence that would raise a reasonable doubt about the defendant’s guilt
Newton v. City of New York, 681 F. Supp. 2d 473 (S.D.N.Y. 2010)
holding that even in the absence of a defendant's specific request, (he prosecution has a constitutional duty to produce exculpatory evidence that would raise a reasonable doubt about the defendant’s guilt); Brady v. Maryland, 373 U.S. 83, 87, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963
Newton v. City of New York, 681 F. Supp. 2d 473 (S.D.N.Y. 2010)
holding that prosecution’s failure to disclose material, exculpatory evidence, even if it is not requested by the defendant, constitutes a due process violation
Perez v. United States, 502 F. Supp. 2d 301 (N.D.N.Y. 2006)
holding that prosecutors must disclose exculpatory evidence that would raise a reasonable doubt about the defendant’s guilt, even in the absence of a specific request
State v. Zephier, 949 N.W.2d 560 (S.D. 2020)
holding that prosecution must turn over exculpatory evidence, even in the absence of specific request by defendant
United States v. Ellis, 54 M.J. 958 (N.M.C.C.A. 2001)
Related doctrines
- Cumulative Materiality of Suppressed Evidence (Brady)
- No Pre-Plea Right to Disclosure of Impeachment Evidence
- Prosecutor's duty to learn of favorable evidence
- 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.