Failure to Disclose Probe of Witness Violated Brady

The fact that a government witness in a public corruption prosecution, who himself had pleaded guilty to similar charges, was also under investigation for sex offenses was “material” exculpatory information that should have been disclosed to the defense under the Due Process Clause as interpreted in Brady v. Maryland, 373 U.S. 83 (1963), and Giglio v. United States, 405 U.S. 150 (1972), the U.S. Court of Appeals for the Ninth Circuit held March 11. (United States v. Kohring)

Under Kyles v. Whitley, 514 U.S. 419 (1995), undisclosed information is material if there is a “reasonable probability” that, ...