Brief filed: 05/07/2014
Arizona v. Krause
Arizona Court of Appeals; Case No. 1 CA-CR 14-0108 PRPC
Decision below in Yavapai County Superior Court No. P1300CR940374.
When exculpatory evidence is first revealed after trial, a reviewing court’s prejudice analysis must include an assessment of how the defense strategy would have differed if the state had timely disclosed the information. The prosecutor has a duty to disclose exculpatory evidence. Exculpatory evidence can significantly impact trial strategy. Prejudice from belated discovery is evaluated in terms of its effect on defense preparation and strategy. Mr. Krause was harmed by the state’s failure to timely disclose the flaws in the forensic science.
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