Prosecutors are required to disclose exculpatory or impeaching evidence to defense counsel in criminal cases before trial. The cases are fact specific, and Zapien is no different. The important distinction of this case is the decision by a three judge 9th Circuit panel to adhere to habeas corpus restrictions set by the Supreme Court. The panel cites AEDPA, adopts deference to the state court decision,and treats the case as habeas, not appeal. Would that all judges on the 9th Circuit adhered to this decision.