Material Evidence

Example

A defendant is charged with rape. The prosecution seeks to admit into evidence a blood test which would prove that the defendant’s DNA matches the DNA found on the victim’s body after the rape. The blood test is material evidence, as it can establish that the defendant committed the rape.

Case Examples

• Material evidence in the arbitration context: In order to overturn an arbitration award on the basis of material evidence being excluded, the party seeking to overturn the arbitration award must show “(1) the excluded evidence was so material to the arbitrator's decision that it denied fundamental fairness to the challenger; and (2) “by clear and convincing evidence ... the arbitrator had no reasonable basis for his [or her] decision.” See Hale v. Morgan Stanley, 571 F. Supp. 3d 872, 880 (S.D. Ohio 2021), aff'd sub nom. Hale v. Morgan Stanley Smith Barney LLC, No. 21-4184, 2023 WL 2972572 (6th Cir. Apr. 17, 2023) (internal citations omitted). In Hale, Richard Hale sued his former employer, Morgan Stanley, claiming age discrimination. The matter eventually made it to arbitration. The arbitrator sided with Morgan Stanley, stating that Mr. Hale was barred from bringing his age discrimination claim under the policies contained in his contract with Morgan Stanley. Id. Mr. Hale appealed the arbitrator's decision and sought to have it overturned, claiming that the arbitrator excluded material evidence . Id. In making its determination that the arbitrator did not exclude material evidence, the District Court defined material evidence in this case as "evidence that was material in the arbitrator's determination, the absence of which denies the claimant fundamental fairness.” Id. (Internal citations omitted.) The District Court went on to find that the arbitrator had reviewed all of the relevant evidence and upheld the arbitrator's decision. Id.
• Material evidence in a Brady challenge: In the context of criminal cases, defendants can bring a Brady challenge, which claims that the prosecution illegally suppressed material exculpatory evidence that, if presented to the jury, would have changed the jury's verdict, and that the defendant is therefore entitled to a new trial. See United States v. Cordova, 25 F.4th 817, 826 (10th Cir. 2022) (internal citations omitted). In evaluating whether the prosecution improperly suppressed material evidence that is likely to have led to an acquittal and is therefore worthy of a new trial, courts have found that “evidence is material when there is a reasonable probability that, had the evidence been disclosed, the result of the proceeding would have been different.” Id. (internal citations omitted). Courts have further determined that the term “reasonable probability means that the likelihood of a different result is great enough to undermine confidence in the outcome of the trial.” Id. (internal citations omitted).