Under criminal procedures, the prosecution is obligated to provide to defense lawyers any material that would be potentially exculpatory.

But the defense lawyers characterized that information as potentially exculpatory and demanded more information.

It's a cornerstone of all democracies that criminal defendants get access to potentially exculpatory evidence.

"Obviously, anything that is not DNA from the people who are charged is potentially exculpatory information," he said.

Groharing informed the Defense of the existence of the potentially exculpatory witness less than two days before the hearing.

The defendant claimed that the state disposed of potentially exculpatory evidence by not properly preserving the evidence.

They argued that Harvey's right to due process was infringed because he was denied access to potentially exculpatory evidence.

The execution could not proceed, he said, because potentially exculpatory DNA evidence had been destroyed.

Holder was reportedly very angry that the prosecutors had withheld potentially exculpatory evidence from Stevens' attorneys.

He filed a four-page declaration with the court that stated "potentially exculpatory evidence has not been provided" to the defense in the Jawad case.