Discovery

Front 1

Two types of discovery

Back 1

constitutionally based
rule based

Front 2

Obligation to produce exculpatory evidence

Back 2

The government has an obligation to produce exculpatory evidence.

Front 3

Exculpatory Evidence

Back 3

Any evidence that would reduce the sentence, exculpate the D or impeach the government's witness.

Front 4

STD for reversing a conviction for failure to provide evidence

Back 4

whether there was a reasonable probability the outcome would have been different.

Front 5

Inquiry re whether evidence is material

Back 5

If specific request for evidence: then evidence is material if it might have lead to a different outcome

If no request or general request: material evidence is evidence that raises a reasonable doubt that would otherwise not have existed.

Front 6

A state may require more generous discovery standards

Back 6

USSC simply sets the floor

Front 7

Notice of alibi

Back 7

A D may be compelled to give notice of an alibi

Front 8

Perjured Testimony

Back 8

A lawyer cannot knowingly aid in putting on perjured testimony

Front 9

Preservation of evidence

Back 9

The government does not have a consittutional obligation to preserve evidence.

But, the failure to preserve evidence cannot be in bad faith.