What Does a Defendant Need to Show to Establish a Brady Violation ?

In Duest v. State, 12 So. 3d 734 (Fla. 2009), the Court explained: To establish a Brady violation, the defendant has the burden to show: (1) that favorable evidence--either exculpatory or impeaching; (2) was willfully or inadvertently suppressed by the State; (3) because the evidence was material, the defendant was prejudiced. Strickler v. Greene, 527 U.S. 263, 281-82, 119 S. Ct. 1936, 144 L. Ed. 2d 286 (1999); see also Way v. State, 760 So. 2d 903, 910 (Fla.2000). To meet the materiality prong, the defendant must demonstrate a reasonable probability that had the suppressed evidence been disclosed the jury would have reached a different verdict. Strickler, 527 U.S. at 289, 119 S. Ct. 1936. As with prejudice under Strickland, materiality under Brady requires a probability sufficient to undermine confidence in the outcome. See Way, 760 So.2d at 913; see also Strickler, 527 U.S. at 290, 119 S. Ct. 1936; United States v. Bagley, 473 U.S. 667, 682, 105 S. Ct. 3375, 87 L. Ed. 2d 481 (1985) (expressly applying the Strickland standard of "reasonable probability" to Brady cases). Duest, 12 So. 3d at 744.