Pena v. State (2011)

In Pena v. State, 353 S.W.3d 797 (Tex. Crim. App. 2011), the Texas Court of Criminal Appeals held that, to find reversible error under Brady (Brady v. Maryland) and Bagley (United States v. Bagley), a defendant must show that: (1) the State failed to disclose evidence, regardless of the prosecution's good or bad faith; (2) the withheld evidence is favorable to him; (3) the evidence is material, that is, there is a reasonable probability that had the evidence been disclosed the outcome of trial would have been different. Pena, 353 S.W.3d at 809. Additionally, the evidence central to the Brady claim must be admissible in court. Id.