A motion to dismiss a case because evidence favorable to the accused has been suppressed by the State, either willfully or inadvertently; resulting in prejudice to the defendant.

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A Brady Motion is filed when the defense believes that the prosecution has withheld evidence favorable to the defendant, which is a violation of the Brady v. Maryland, 373 U.S. 83 (1963) Supreme Court decision. This ruling requires the prosecution to disclose evidence materially favorable to the accused, either because it is exculpatory, or because it is impeaching; failure to do so violates the defendant's right to due process.

A Motion to Dismiss a Case Because Evidence Favorable to the Accused