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When Does AG Have Duty to Disclose Brady Material During Habeas Proceedings

When a habeas petitioner claims not to have received a fair trial because the district attorney failed to disclose material evidence in violation of Brady v. Maryland (1963) 373 U.S. 83--and when the Attorney General has knowledge of, or is in actual or constructive possession of, such evidence--what duty, if any, does the Attorney General have to acknowledge or disclose that evidence to the petitioner? Would any such duty be triggered only upon issuance of an order to show cause? (In re Jenkins (Jan. 22, 2021, B301638) [nonpub. opn.], review granted 4/28/2021 (S267391).)

Updated: 4/28/2021

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