Must The State Provide All Exculpatory Material?

The State must disclose to the defense all exculpatory material pursuant to Brady v. Maryland, 378 U.S. 83 (1963) and its progeny. See, e.g., State v. Marshall, 123 N.J. 1, 172-185 (1991). This definition of exculpatory information includes so called Giglio v. United States, 405 U.S. 150, 154-155 (1972) material, which consists of evidence which might be used to impeach the credibility of prosecution witnesses, such as promises of leniency, remuneration or plea agreements made with such material witnesses, or evidence of the witness’ involvement in criminal activity. See United States v. Bagley, 473 U.S. 667, 676, 105 S.Ct. 3376, 3380, 87 L.Ed.2d 481, 490 (1985); State v. Carter, 91 N.J. 86, 111 (1982); State v. Satkin, 127 N.J. Super. 306, 309-310 (App. Div. 1974). In addition, a prosecutor has a duty to learn of “any favorable evidence known to others acting on the government’s behalf in the case, including the police.” Kyles v. Whitley, 514 U.S. 419, 437, 115 S.Ct. 1555, 1567, 131 L.Ed.2d 490, 508 (1995). This includes information known to other members of the prosecutor’s office or to other agencies cooperating in the criminal investigation. State v. Jones, 308 N.J. Super. 15, 42 (App. Div. 1998); State v. Landano, 271 N.J. Super. 336, 396 (App. Div.), certif. denied, 137 N.J. 164 (1994); State v. Engel, 249 N.J. Super. 336, 396 (App. Div.), certif. denied, 130 N.J. 30 (1994). See Form 14, Request for Discovery; see also Form 15, Discovery from the State.

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