What Are the 3 Components of a True Brady Violation ?
In Strickler v. Greene, 527 U.S. 263, 281-82, 144 L. Ed. 2d 286, 119 S. Ct. 1936 (1999), the United States Supreme Court enunciated the three components of a true Brady violation as follows:
(1) the evidence at issue must be favorable to the accused, either because it is exculpatory, or because it is impeaching;
(2) that evidence must have been suppressed by the State, either willfully or inadvertently;
(3) prejudice must have ensued.
Cardona v. State, 826 So. 2d 968, 973 (Fla. 2002) (evaluating a Brady claim under the three prong test set forth in Strickler); Way v. State, 760 So. 2d 903, 910 (Fla. 2000) (same).
Under the prejudice prong, the defendant must show that the suppressed evidence is material. See Strickler, 527 U.S. at 282.
"Evidence is material only 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." Way, 760 So. 2d at 913 (quoting United States v. Bagley, 473 U.S. 667, 682, 87 L. Ed. 2d 481, 105 S. Ct. 3375 (1985)) (alteration in original); see also Strickler, 527 U.S. at 290.
In determining materiality, the "cumulative effect of the suppressed evidence must be considered." Cardona, 826 So. 2d at 973; see also Way, 760 So. 2d at 913.