Whether the Due Process Clause of the Fourteenth Amendment is violated

QUESTIONS PRESENTED 1, Whether the Due Process Clause of the Fourteenth Amendment is violated where, in reviewing a defendant’s a Fourteenth Amendment Due Process violation claim under Brady v. Maryland, 373 U.S. 83 (1963), and its progeny, based on the prosecution’s failure to disclose favorable evidence to a defendant facing trial, an appellate court applies a prejudice standard requiring a defendant seeking reversal of a conviction (1) to | demonstrate a substantial risk that the jury would have reached a different conclusion if | the undisclosed evidence had been admitted at trial; and (2) to demonstrate that the undisclosed evidence is relevant for reasons other than the impeachment of a witness. | | | | \ | il | \ i |