People v. Chenault

In this case we consider the proper test for applying the United States Supreme Court’s decision in Brady v Maryland, 373 US 83; 83 S Ct 1194; 10 L Ed 2d 215 (1963). In People v Lester, 232 Mich App 262; 591 NW 2d 267 (1998), the Court of Appeals adopted a four-factor test that added a requirement of defendant diligence to the traditional Brady test. Neither the Supreme Court of the United States nor this Court has endorsed this element.

We hold that a diligence requirement is not supported by Brady or its progeny. Thus, we overrule Lester and reaffirm the traditional three-factor Brady test.…