The Brady rule prohibits the prosecution from suppressing material,
exculpatory evidence, and protects criminal defendants’ due process rights.
Rhode Island courts use a modified version of the rule to evaluate prosecutorial
culpability, finding materiality in either deliberate nondisclosure or failure to
disclose evidence of readily apparent, high value to the defense. In Tempest v.
State, the Rhode Island Supreme Court considered, inter alia, whether an
applicant for post-conviction relief is entitled to a new trial when the State fails
to disclose certain pretrial statements. The court held that the prosecution’s
deliberate nondisclosure of evidence violated the Brady rule, and thus
warranted a new trial.
