Commonwealth v. Burkhardt

OPINION BY

JOHNSON, J.:

¶ 1 On this appeal, we are asked to determine whether the Commonwealth’s failure to disclose a material witness’s subjective expectation of leniency in exchange for that witness’s testimony results in the denial of due process warranting a new trial. We conclude that the supposed understanding of the witness, if established, would be relevant to that witness’s credibility and therefore material. Nevertheless, on the facts presented here, we conclude, had the expectation of leniency been presented to the jury, that it would not have raised a reasonable probability that…