Eklof v. Steward

The decision of the Court of Appeals is reversed. The judgment of the circuit court is reversed, and the case is remanded to that court for further proceedings.

BREWER, J.

Under Brady v. Maryland, 373 US 83, 87, 83 S Ct 1194, 10 L Ed 2d 215 (1963), a prosecutor’s withholding of favorable evidence from a criminal defendant “violates due process where the evidence is material either to guilt or to punishment, irrespective of the good faith or bad faith of the prosecution.” Petitioner in this successive action for post-conviction relief — who is serving a sentence of life imprisonment without the…