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57. If the court grants the defendant's motion, what will be the most likely reason?
The defendant has moved for a new trial, arguing that the prosecutor's failure to disclose the witness's prior conviction in a timely manner violated the defendant's right to due process of law.
Shortly thereafter, the prosecutor took the case to trial, calling the witness to testify before the jury. The prosecutor did not disclose the witness's prior perjury conviction until the defense was preparing to rest. Defense counsel immediately moved for a mistrial, which the court denied. Instead, the court allowed the defense to recall the witness for the purpose of impeaching him with this conviction, but the witness could not be located. The court then allowed the defense to introduce documentary evidence of the witness's criminal record to the jury before resting its case. The jury convicted the defendant.
A prosecutor presented to a federal grand jury the testimony of a witness in order to secure a defendant's indictment for theft of government property. The prosecutor did not disclose to the grand jury that the witness had been convicted four years earlier of perjury. The grand jury returned an indictment, and the defendant pleaded not guilty.
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C is correct. The court would most likely grant the defendant's motion based on the fact that there was a reasonable probability that the defendant would have been acquitted had the defense had access to the impeachment material earlier.
A is incorrect. The court did not limit the defendant's right to cross-examine the witness. Rather, the constitutional violation, if any, was the prosecutor's untimely disclosure of impeachment information that would have created a reasonable probability of a different outcome had it been disclosed earlier. Therefore, the court would not likely grant the defendant's motion for a new trial on this basis.
B is incorrect. The prosecutor is not required to present a grand jury with evidence favorable to a defendant. As explained above, the constitutional violation, if any, was the prosecutor's untimely disclosure of impeachment information that would have created a reasonable probability of a different outcome (the defendant's acquittal) had it been disclosed earlier.
D is incorrect. The prosecutor's motive is not an element of a constitutional claim involving untimely disclosure of evidence favorable to the defense (including impeachment information). The Brady violation occurs whether failure to disclose is willful or inadvertent. The untimely disclosure would be unconstitutional only if there was prejudice.