A trial court does not erroneously exercise its discretion if it considers the pertinent facts, applies the correct law and reaches a reasonable decision. Further, the defense has a constitutional right to material exculpatory evidence in the hands of the prosecutor. Exculpatory evidence is material if there is a reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding would have been different. A reasonable probability is a probability sufficient to undermine confidence in the outcome. This court independently applies the Bagley constitutional standard to the undisputed facts of the case.
Impeachment evidence casting doubt on a witness's credibility is material and subject to disclosure.
This was relevant, exculpatory evidence because the negative test result would have some weight and its tendency could have supplied a favorable inference of DelReal's innocence to the jury. As noted, Detective Delgado testified that swabbing was done, but he had not seen the results. The State recalled Detective Gomez to rebut Delgado's testimony. As noted, he denied that swabbing was ordered or performed. Further, on cross-examination, Gomez testified that the gunshot residue test can show whether or not someone fired a gun.