Abatti v. Superior Court

In Abatti v. Superior Court (2003) 112 Cal.App.4th 39, the Court explained that "although a criminal defendant does not have a general constitutional right to discovery citation, under Brady, supra, 373 U.S. 83, 87, 'the prosecution must disclose to the defense any evidence that is "favorable to the accused" and is "material" on the issue of either guilt or punishment. Failure to do so, regardless of the good faith of the prosecution, violates the accused's constitutional right to due process." (Abatti, supra, at p. 52.) The Court also explained in Abatti that evidence is generally "'"favorable" if it either helps the defendant or hurts the prosecution, as by impeaching one of its witnesses.'' Evidence is material under the Brady standard "if there is a reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding would have been different." 'A "reasonable probability" is a "probability sufficient to undermine confidence in the outcome." Impeachment of a witness can make the difference between acquittal and conviction, especially where credibility is the major issue in a case and evidence at trial will consist of opposing stories presented by the defense and the prosecution witnesses." (Abatti, supra, 112 Cal.App.4th at p. 52.)