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Name: People v. Ashraf
Case #: C052207
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 06/08/2007

There was no Brady violation where the evidence which was not disclosed to the defendants was not favorable to them. The trial court dismissed numerous charges against three defendants based on a finding that the prosecutor had violated discovery statutes by failing to provide them with reports of various witness statements regarding their supposed affiliation with the Taliban. The prosecutor appealed, arguing that dismissal was not a proper sanction because the evidence that was not disclosed was not favorable to the defendants. The appellate court agreed and reversed the dismissal order. Under no interpretation was the evidence which was not disclosed favorable to the defendants; the evidence was of the defendant’s support and/or sympathy for the Taliban. A Brady violation requires that the evidence be favorable to the accused and material to the issue of guilt. Here, there was no Brady violation, and therefore no cause for dismissal of the case.