The prosecution must turn over all evidence that might exonerate the defendant (exculpatory evidence) to the defense. Decided May 13, 1963 (argued 1963). Opinion of the Court: William O. Douglas → go there Dissenting: Harlan. Applied: the Fourteenth Amendment → go there Topic: Other areas. Brady v. Maryland, 373 U.S. 83 (1963), is a landmark U.S. Supreme Court decision holding that under the Due Process Clause of the Constitution of the United States, the prosecution must turn over to a criminal defendant any significant evidence in its possession that suggests the defendant is not guilty. Wiki link