State v. Patterson

Prior to trial, counsel for appellant moved for discovery of “all exculpatory evidence contained in the files of the prosecutor or personally known to” him, which counsel had no “way of knowing about.” In support of this motion, counsel cited Brady v. Maryland (1963), 373 U. S. 83. The prosecutor objected, and the trial court, without inquiry, denied the motion. Appellant contends that this ruling denied him due process of law.

Brady, supra, at page 87, holds that “* * * the suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence…