Brady Violation In Michigan
In People v. Fox (After Remand), 232 Mich App 541, 549; 591 NW2d 384 (1998), the Court stated:
In order to establish a Brady violation, a defendant must prove:
(1) that the state possessed evidence favorable to the defendant;
(2) that the defendant did not possess the evidence and could not have obtained it with the exercise of reasonable diligence;
(3) that the prosecution suppressed the favorable evidence;
(4) that had the evidence been disclosed to the defense, a reasonable probability exists that the outcome of the proceedings would have been different.