The state did not violate the disclosure rule of Brady v. Maryland (1963) 373 U.S. 83, when it failed to turn over to Anderson’s trial lawyers a brief tape-recorded interview taken on the day of his arrest in which he alleged he invoked his right to remain silent. Anderson did not actually invoke his right to silence, but delayed confessing until he heard what information the officers already had. Because the information was not favorable to the defense or material, there was no violation of Brady. Penalty phase issues are not summarized here.