The Third Circuit Court of Appeals has held that prosecutorial withholding of evidence alleged to be exculpatory material will not result in a violation of the doctrine established in Brady v. Maryland if such evidence is discovered before trial and possible prejudice to the defendant.
United States v. Starusko, 729 F.2d 256 (3d Cir. 1984).
John D. Noel,
Constitutional Law - Criminal Procedure - Prosecutorial Misconduct - Sanctions,
Duq. L. Rev.
Available at: https://dsc.duq.edu/dlr/vol23/iss3/16