People v. Lesiuk

Yesawich, Jr., J. (dissenting).

We respectfully dissent.

The majority’s analysis equates a defendant’s right to the production of an essential witness with his right to discover exculpatory material, a protection accorded by the Due Process Clause of the 14th Amendment. Considered in this context, resort to the reasonable probability standard, which finds constitutional error when the prosecutor fails to release exculpatory evidence only if there is "a reasonable probability that, had the evidence been disclosed to the defense, the result [reached by the jury] would have been different” (United…