Pena, Jose Luis

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that to establish reversible error under Brady, defendant must show, among other things, State failed to disclose evidence
• holding that the defendant has the burden of showing that the prosecution withheld favorable evidence
• holding that Brady does not require prosecuting authorities to disclose exculpatory information that the State does not have in its possession and that is not known to exist
• holding that defendant preserved error on his Brady complaint raised after “grounds for an objection ... bec[a]me apparent” and “the trial court and the State were both aware of the purported error”
• holding that the State does not have a duty to disclose Brady material “if the defendant was actually aware of the exculpatory evidence or could have accessed it from other sources”
• holding that defendant preserved error on his Brady complaint raised after “grounds for an objection . . . “bec[a]me apparent” and “the trial court and the State were both aware of the purported error”

Source: CourtListener parenthetical corpus (CC0).