The following excerpt is from United States v. Doe, 705 F.3d 1134 (9th Cir. 2013):
Suppressed evidence is considered prejudicial (or 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. Paradis, 240 F.3d at 1176 (quoting United States v. Bagley, 473 U.S. 667, 682, 105 S.Ct. 3375, 87 L.Ed.2d 481 (1985)). A reasonable probability exists when confidence in the outcome is undermined. Id. Material evidence includes exculpatory evidence and impeachment evidence. Kohring, 637 F.3d at 903;Paradis, 240 F.3d at 1179.
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