Wood v. Bartholomew, 516 U.S. 1 (1995). · Go Syfert
Wood v. Bartholomew, 516 U.S. 1 (1995). Cases Citing This Book View Copy Cite
1,066 citation events (851 in the last 25 years) across 81 distinct courts.
Strongest positive: Runningeagle v. Schriro (ca9, 2012-07-18) · Strongest negative: Timothy Glen Workman v. Commonwealth (vactapp, 2005-08-02)
Treatment trajectory · 1995 → 2026 · click a year to view as-of
1995 2010 2026
Top citers, strongest first. 50 distinct citers.
discussed Cited "but see" Timothy Glen Workman v. Commonwealth
Va. Ct. App. · 2005 · signal: but see · confidence high
The trial judge recognized that “admissibility at trial may not be the final arbiter of any Brady violation.” See Coleman v. Calderon, 150 F.3d 1105, 1116-17 (9th Cir. 1998) (“To be material [under Brady], evidence must be admissible or lead to admissible evidence.”); Wright v. Hopper, 169 F.3d 695, 704 (11th Cir. 1999) (“Inadmissible evidence may be material if the evidence would have led to admissible evidence.”); but see Wood v. Bartholomew, 516 U.S. 1, 5-6 (1995) (per curiam) (holding that polygraph results inadmissible under state law was “not ‘evidence’ at all” for pu…
examined Cited "but see" Benjamin Wai Silva v. Jeanne S. Woodford, Warden, San Quentin State Prison (3×)
9th Cir. · 2002 · signal: but cf. · confidence high
We concluded that “[i]f Mejia-Mesa’s allegations are true, the missing page or pages would be exculpatory evidence.” Id. at 929; but cf. Wood v. Bartholomew, 516 U.S. 1 , 116 S.Ct. 7 , 133 L.Ed.2d 1 (1995) (finding that the state’s failure to disclose that a key witness had failed a lie detector test did not create a reasonable probability of a different trial outcome, since Washington state evidence law precluded the introduction of polygraph evidence at trial); United States v. Bracy, 67 F.3d 1421 (9th Cir.1995) (finding no Brady violation where the evidence tended to show that the g…
examined Cited as authority (verbatim quote) Runningeagle v. Schriro (4×) also: Cited as authority (quoted), Cited "see"
9th Cir. · 2012 · signal: see · quote attribution · 3 verbatim quotes · confidence high
here, as in this case, a federal appel- late court . . . grants habeas relief on the basis of little more than speculation with slight support, the proper delicate bal- ance between the federal courts and the states is upset to a degree that requires correction.
examined Cited as authority (quoted) Larry Eugene Moon v. Frederick J. Head (6×)
11th Cir. · 2002 · signal: see · quote attribution · 6 verbatim quotes · confidence high
t is not 'reasonably likely' that disclosure of the polygraph results - inadmissible under state law - would have resulted in a different outcome at trial.
discussed Cited as authority (rule) Commonwealth v. Brown, J., Aplt.
Pa. · 2026 · confidence medium
Generally, statements against interest are admissible as an exception to the bar against hearsay evidence if: (1) the circumstances provide clear assurances that the statement was trustworthy and reliable;35 and (2) the declarant is unavailable to testify.36 The PCRA court found there to be no corroborating circumstances that would enhance the reliability 33 PCRA Ct. Op., 9/29/2021, at 9 (citing Wood v. Bartholomew, 516 U.S. 1, 6 (1995) (reversing grant of habeas corpus relief where withheld evidence was inadmissible because the disclosure of inadmissible evidence was not reasonably likely to …
examined Cited as authority (rule) (HC) Love v. Warden (3×) also: Cited "see"
E.D. Cal. · 2025 · confidence medium
Habeas claims should not be granted “on the basis of 2 little more than speculation with slight support.” Wood v. Bartholomew, 516 U.S. 1, 8 (1995). 3 Petitioner’s ineffective assistance of counsel claim should be denied because he has not 4 shown that “there was no reasonable basis for the [California Supreme Court] to deny relief.” See 5 Richter, 562 U.S. at 98 .
cited Cited as authority (rule) McGhee v. Martuscello
2d Cir. · 2024 · confidence medium
And while McGhee now argues that such information could have generated further investigative leads, this amounts to “mere speculation.” Wood v. Bartholomew, 516 U.S. 1, 6 (1995).
discussed Cited as authority (rule) Brooks v. Johnson (2×) also: Cited "see, e.g."
W.D.N.Y. · 2024 · confidence medium
Oct. 4, 2021) (collecting cases); Wood v. Bartholomew, 516 U.S. 1, 8 (1995) (federal courts may not grant “habeas relief on the basis of little more than speculation with slight support”).
discussed Cited as authority (rule) Miller v. Fennessey (2×) also: Cited "see, e.g."
W.D.N.Y. · 2024 · confidence medium
Feb. 4, 2013) (citing Wood v. Bartholomew, 516 U.S. 1, 8 (1995) (federal courts may not grant “habeas relief on the basis of little more than speculation with slight support”); other citations omitted).
cited Cited as authority (rule) Will v. Stephens
S.D. Tex. · 2024 · confidence medium
The relationship between the suppressed material and other evidence, however, cannot be “mere speculation.” See Wood v. Bartholomew, 516 U.S. 1, 7 (1995).
discussed Cited as authority (rule) Barron-Aguilar v. Najera (2×) also: Cited "see"
D. Nev. · 2024 · confidence medium
Manifest Errors of Law or Fact as to Materiality 10 Petitioner argues that the Court committed a manifest error of law in citing Wood 11 v. Bartholomew, 516 U.S. 1, 8 (1995) (per curiam), and Barker v. Fleming, 423 F.3d 1085 , 12 1099 (9th Cir. 2005), in support of the finding that “Petitioner can only speculate that 13 disclosure of the alleged withheld evidence would have made a different result reasonably 14 probable, and Petitioner fails to establish materiality based on such speculation.” (ECF 15 No. 88 at 18.) Although Petitioner distinguishes his claim from the facts of Woods and 16…
discussed Cited as authority (rule) United States v. Nichols
D.D.C. · 2023 · confidence medium
Circuit has stressed that “[h]ypothesizing that certain ‘information, had it been disclosed 8 to the defense, might have led [defense] counsel to conduct additional discovery that might have led to some additional evidence that could have been utilized’ is disfavored.” Mason, 951 F.3d at 573–74 (quoting Wood v. Bartholomew, 516 U.S. 1, 6 (1995) (per curiam) (describing reasoning as “mere speculation, in violation of the standards” the Supreme Court has established for Brady claims)).
cited Cited as authority (rule) Schlosser v. Andrewjeski
W.D. Wash. · 2023 · confidence medium
Wood v. 22 Bartholomew, 516 U.S. 1, 6 (1995).
discussed Cited as authority (rule) Watkins v. Medeiros
1st Cir. · 2022 · confidence medium
See Smith v. Cain, 565 U.S. 73, 76 (2012) ("[E]vidence impeaching an eyewitness may not be material if the State's other evidence is strong enough to sustain confidence in the verdict."); Wood v. Bartholomew, 516 U.S. 1, 8 (1995); United States v. Zannino, 895 F.2d 1, 17 (1st Cir. 1990) (observing that arguments not developed on appeal are deemed waived). 23The majority suggests that Flores II and Watkins's case are worlds apart due to the evidence in the record here that corroborated a key witness's account against Watkins.
examined Cited as authority (rule) Crosley Alexander Green v. Secretary, Department of Corrections (4×) also: Cited "see"
11th Cir. · 2022 · confidence medium
Because the opinions of Rixey and Clarke were not ad- missible under state law, they were “not ‘evidence’ at all.” See Wood v. Bartholomew, 516 U.S. 1, 6 , 116 S. Ct. 7, 10 (1995). 108 And Green failed to argue or demonstrate that the suspicions would have led to material, admissible evidence sufficient to create a “rea- sonable probability” that the outcome of his trial would have been different.
discussed Cited as authority (rule) Torrence (ID 08977) v. Peterson
D. Kan. · 2022 · confidence medium
(Id.) Moreover, Detective Alexander’s mistake was inadmissible under Kansas law, see K.S.A. 60-422, meaning the mistake “is not ‘evidence’ at all.” See Wood v. Batholomew, 516 U.S. 1, 6 (1995) (holding evidence barred under state law “could have no direct effect on the outcome of trial, because respondent could” not introduce the statements during trial).
discussed Cited as authority (rule) Scott v. Pritchett
E.D. Mich. · 2021 · confidence medium
In Wood, the Supreme Court held that the suppressed evidence – a witness’s failed polygraph test – was inadmissible, and the petitioner could offer only speculation that disclosure of such evidence would have led to “additional evidence that could have been utilized.” Wood, 516 U.S. at 6-7 (noting petitioner’s own trial counsel testified that the suppressed evidence would not have 59 “affected the outcome of the case”).
discussed Cited as authority (rule) Hairston v. United States
D.C. · 2021 · confidence medium
We note, too, that defense counsel also candidly acknowledged that the defense team’s inability to speak with Petty about the matters counsel identified was upon the advice of her counsel, 13 a circumstance that presumably would have been the same even if Petty’s fraud arrest had been disclosed right after it happened. 12 Cf. Wood v. Bartholomew, 516 U.S. 1, 6 (1995) (explaining that setting aside a conviction because disclosure “might have led to some additional evidence that could have been utilized” amounts to “mere speculation, in violation of the standards [the Court has] establ…
examined Cited as authority (rule) Rucano v. LaManna (4×) also: Cited "see"
E.D.N.Y · 2021 · confidence medium
Pet. 85;) Wood v. Bartholomew, 516 U.S. 1, 8 (1995) (federal courts should not grant “habeas relief on the basis of little more than speculation with slight support”); Osinoiki v. Riley, 1990 WL 152540 , at *2-3 (E.D.N.Y.
discussed Cited as authority (rule) (HC) McCarty v. Kernan
E.D. Cal. · 2021 · confidence medium
Wood v. Bartholomew, 516 U.S. 1, 6, 8 (1995) 6 (granting federal habeas relief on the basis of mere speculation with little or no support upsets the 7 delicate balance between the federal courts and the states); Blackledge v. Allison, 431 U.S. 63 , 75 8 n.7 (1977) (“the petition is expected to state facts that point to a ‘real possibility of constitutional 9 error’” (citation omitted)); Runningeagle v. Ryan, 686 F.3d 758, 769 (9th Cir. 2012) (explaining 10 that “to state a Brady claim, [a petitioner] is required to do more than ‘merely speculate’ about” 11 the withheld evidence…
cited Cited as authority (rule) Fontenot v. Crow
10th Cir. · 2021 · confidence medium
App. 1993), 157 meaning that the results of Mr. DeGraw’s polygraph “is not ‘evidence’ at all,” Wood v. Bartholomew, 516 U.S. 1, 6 (1995) (per curiam).
discussed Cited as authority (rule) Ruffin v. Dennison
N.D. Ill. · 2021 · confidence medium
In Wood v. Bartholomew, the Supreme Court held a polygraph test immaterial under Brady because the results were undoubtedly inadmissible and disclosure of the results “could have had no direct effect on the outcome of the trial.” 516 U.S. 1, 6 (1995).
discussed Cited as authority (rule) Gary Hughbanks v. Stuart Hudson (2×) also: Cited "see"
6th Cir. · 2021 · confidence medium
We can immediately remove one of these pieces of evidence from our review: Hayes’s confession. “[E]vidence that could have ‘no direct effect on the outcome of trial’ cannot be considered Brady material.” Barton, 786 F.3d at 465 (quoting Wood v. Bartholomew, 516 U.S. 1, 6 (1995)).
discussed Cited as authority (rule) Rashod Jackson v. Commonwealth of Kentucky
Ky. · 2021 · confidence medium
He argued 11Chestnut v. Commonwealth, 250 S.W.3d 288, 297 (Ky. 2008) (citing Wood v. Bartholomew, 516 U.S. 1, 5-6 (1995)). 12Kentucky Rules of Criminal Procedure (RCr) 9.24; Brown v. Commonwealth, 313 S.W.3d 577, 595 (Ky. 2010). 13 Id. 6 that the delivery of the call the day prior to trial violated discovery rules and unduly prejudiced his ability to defend himself.
discussed Cited as authority (rule) Deangelo Pollard v. Commonwealth of Kentucky
Ky. · 2021 · confidence medium
Moreover, this Court has stated explicitly that a conviction is to be set aside because of a discovery violation only when “a ‘reasonable probability’ [exists] that had the evidence been disclosed the result 11 at trial would have been different.” Weaver v. Commonwealth, 955 S.W.2d 722, 726 (Ky. 1997) (quoting Wood v. Bartholomew, 516 U.S. 1, 6 (1995)); see RCr 9.24 (setting forth harmless error rule and stating “court at every stage of the proceeding must disregard any error or defect in the proceeding that does not affect the substantial rights of the parties[]”); see also Baumia…
discussed Cited as authority (rule) Bradley Tyson Morris v. Commonwealth of Kentucky
Ky. · 2021 · confidence medium
Even when a discovery violation is discovered, reversal is only 5 appropriate when “a ‘reasonable probability’ [exists] that had the evidence been disclosed the result at trial would have been different.” Weaver v. Commonwealth, 955 S.W.2d 722, 726 (Ky. 1997) (quoting Wood v. Bartholomew, 516 U.S. 1, 6 (1995)); see also RCr 9.24 (setting forth harmless error rule and stating that the “court at every stage of the proceeding must disregard any error or defect in the proceeding that does not affect the substantial rights of the parties[]”); Baumia v. Commonwealth, 402 S.W.3d 530, 545-…
cited Cited as authority (rule) Arellano-Velazquez v. Davis
S.D. Tex. · 2021 · confidence medium
Wood v. Bartholomew, 516 U.S. 1,5 (1995); Bagley, 473 U.S. at 682 .
discussed Cited as authority (rule) Gilliland (Devin) Vs. State
Nev. · 2020 · confidence medium
Wood v. Bartholomew, 516 U.S. 1, 6 (1995) (rejecting Brady claim where it was "based on mere speculation, in violation of the standards [the Court has] established') .
discussed Cited as authority (rule) Rios v. Secretary, Department of Corrections
M.D. Fla. · 2020 · confidence medium
Petitioner has not articulated what clearly established federal law was unreasonably applied and this Court cannot grant “habeas relief on the basis of little more than speculation[.]” See Wood v. Bartholomew, 516 U.S. 1, 8 (1995) Moreover, to the extent the state court’s determination rests on the interpretation and application of state law, deference must be afforded to the state court’s decision.
cited Cited as authority (rule) United States v. Steven Mason
D.C. Cir. · 2020 · confidence medium
Wood v. Bartholomew, 516 U.S. 1, 6 (1995) (per curiam) (describing such reasoning as “mere speculation, in violation of the standards” the Supreme Court has established for Brady claims).
discussed Cited as authority (rule) Blankenship v. United States
S.D.W. Va · 2020 · confidence medium
Wood v. Bartholomew, 516 U.S. 1, 6 (1995) (finding that suppressed evidence was not “material” under Brady due, in part, to its inadmissibility at trial).
cited Cited as authority (rule) Dicken v. Brewer
E.D. Mich. · 2019 · confidence medium
Mich. 2015)(citing Wood v. Bartholomew, 516 U.S. 1, 6 (1995); Wogenstahl v. Mitchell, 668 F.3d 307 , 325 n. 3 (6th Cir. 2012)).
cited Cited as authority (rule) Cruz v. Aldrige
W.D. Va. · 2019 · confidence medium
Wood v. Bartholomew, 516 U.S. 1, 8 (1995).
cited Cited as authority (rule) Serrano v. Medeiros
D. Mass. · 2018 · confidence medium
Wood v. Bartholomew, 516 U.S. 1, 5 (1995) (per curiam).
discussed Cited as authority (rule) United States v. Carlos Caro
4th Cir. · 2018 · confidence medium
Evidence is “material” if “there exists a ‘reasonable probability’ that had the evidence been disclosed the result at trial would have been different.” Wood v. Bartholomew, 516 U.S. 1, 5 (1995) (per curiam).
discussed Cited as authority (rule) People of Michigan v. Bernard Young
Mich. Ct. App. · 2017 · confidence medium
In Wood v Bartholomew, 516 US 1, 5-6, 8 ; 116 S Ct 7 ; 133 L Ed 2d 1 (1995), the United States Supreme Court held that polygraph examinations of two state witnesses, which were inadmissible as evidence under state law, were not “material” under Brady because those items could not be introduced at trial and only supported weak suppositions regarding their potential impact.
discussed Cited as authority (rule) People of Michigan v. Bernard Young
Mich. Ct. App. · 2017 · confidence medium
In Wood v Bartholomew, 516 US 1, 5-6, 8 ; 116 S Ct 7 ; 133 L Ed 2d 1 (1995), the United States Supreme Court held that polygraph examinations of two state witnesses, which were inadmissible as evidence under state law, were not “material” under Brady because those items could not be introduced at trial and only supported weak suppositions regarding their potential impact.
discussed Cited as authority (rule) People of Michigan v. John Andrew Howell
Mich. Ct. App. · 2017 · confidence medium
Such was the decision in Wood v Bartholomew, 516 US 1, 6, 13 ; 116 S Ct 7 ; 133 L Ed2d 1 (1995) wherein the Supreme Court held that failure to produce polygraph results that were inadmissible under state law could not form the basis of a Brady violation because they were inadmissible and as such did not constitute evidence.
discussed Cited as authority (rule) STATE OF NEW JERSEY VS. RALPH BAKER (02-10-1265, UNION COUNTY AND STATEWIDE, AND 02-10-1239, MIDDLESEX COUNTY AND STATEWIDE)(CONSOLIDATED)
N.J. Super. Ct. App. Div. · 2017 · confidence medium
Thus, the attendant's statements were "not 'evidence' at all," and their disclosure "could have had no direct effect on the outcome of trial, because [defendant] could have made no mention of them either during argument or while questioning witnesses." Wood v. Bartholomew, 516 U.S. 1, 6 , 116 S. Ct. 7, 9 , 133 L.
discussed Cited as authority (rule) State v. Cockrell
Or. Ct. App. · 2017 · confidence medium
“The dispositive question, thus, is whether there was a reasonable probability that the undisclosed evidence would have resulted in an acquittal or, put slightly differently, whether in the absence of the undisclosed evidence, the court nonetheless reached a verdict worthy of confidence.” Bray, 281 Or App at 600 (internal quotation marks omitted); see id. (in a case where neither the trial nor appellate court knew “what the undisclosed evidence is,” explaining that, “although there is a possibility that [undisclosed information] could have resulted in an acquittal, that possibility i…
cited Cited as authority (rule) Alan Beaman v. Dave Warner
7th Cir. · 2015 · confidence medium
Id. at 8, 116 S.Ct. 7 .
discussed Cited as authority (rule) Darryl Gumm v. Betty Mitchell
6th Cir. · 2014 · confidence medium
United States v. Ogden, 685 F.3d 600, 605 (6th Cir. 2012). “[Inadmissible] information ‘is not evidence at all’ for purposes of Brady and thus can have no ‘direct effect on the outcome of a trial.’” Wogenstahl v. Mitchell, 668 F.3d 307 , 325 n.3 (6th Cir. 2012) (quoting Wood v. Bartholomew, 516 U.S. 1, 6 (1995)).
discussed Cited as authority (rule) Travis Clinton Hittson v. GDCP Warden (2×)
11th Cir. · 2014 · confidence medium
Morals are for losers trying to justify their place in life.” Id. at 17.
cited Cited as authority (rule) People v. Comphel CA3
Cal. Ct. App. · 2014 · confidence medium
(Wood v. Batholomew (1995) 516 U.S. 1, 5-6 [ 133 L.Ed.2d 1 ].) This principle is illustrated in Runningeagle.
examined Cited as authority (rule) Richard Solether v. Jesse Williams (3×) also: Cited "see"
6th Cir. · 2013 · confidence medium
Disclosure of the polygraph results, then, could have had no direct effect on the outcome of trial, because respondent could have made no mention of them either during argument or while questioning witnesses.” Id. at 6 [ 83 S.Ct. 1194 ].
cited Cited as authority (rule) Arthur Burgess v. Raymond Booker
6th Cir. · 2013 · confidence medium
Wood v. Bartholomew, 516 U.S. 1, 6 (1995); see also Henness v. Bagley, 644 F.3d 308, 325 (6th Cir. 2011); Jeffries v. Morgan, 522 F.3d 640 (6th Cir. 2008).
cited Cited as authority (rule) State v. Allen
N.C. Ct. App. · 2012 · confidence medium
Wood v. Bartholomew, 516 U.S. 1, 6 , 116 S. Ct. 7, 10 , 133 L.
discussed Cited as authority (rule) Jeffrey Wogenstahl v. Betty Mitchell
6th Cir. · 2012 · confidence medium
Post-trial information that is inadmissible under state law “is not ‘evidence’ at all” for purposes of Brady and thus can have no “direct effect on the outcome of a trial.” Wood v. Bartholomew, 516 U.S. 1, 6 (1995); see also Sawyer v. Hofbauer, 299 F.3d 605, 614 (6th Cir. 2002).
discussed Cited as authority (rule) Gillispie v. Timmerman-Cooper
S.D. Ohio · 2011 · confidence medium
The court recognized that the United States Supreme Court “has held that there is no Brady violation where the prosecution withheld evidence that would have been inadmissible.” Id., citing Wood v. Bartholomew (1995), 516 U.S. 1, 6 , 116 S.Ct. 7, 113 [133] L.Ed.2d 1.
discussed Cited as authority (rule) Alfieri v. Carmelite Nursing Home, Inc.
N.Y. City Civ. Ct. · 2010 · confidence medium
(Wood v Bartholomew, 516 US 1, 6 [1995] [reversing the Ninth Circuit Court of Appeals’ ruling, in a per curiam opinion citing the views of Chief Justice Rehnquist and Justices O’Connor, Scalia, Kennedy and Thomas, holding that the prosecution’s failure to disclose results of a polygraph test administered to a witness did not violate the defendant’s right to due process due to the fact that the results, undisputedly, were inadmissible at trial, and therefore would not have resulted in a different outcome at trial].) The United States Supreme Court narrowed its holding in Brady v Marylan…
Wood, Superintendent, Washington State Penitentiary
v.
Bartholomew
94-1419.
Supreme Court of the United States.
Oct 10, 1995.
516 U.S. 1
Stevens, Souter, Ginsburg, Breyer.
Cited by 326 opinions  |  Published
3 passages pin-cited by 2 cases
Pinpoint authority: bottom 76%
Citer courts: Eleventh Circuit (6) · Ninth Circuit (2)
[*2] Per Curiam.

The Court of Appeals for the Ninth Circuit reversed the District Court’s denial of habeas relief based on its speculation that the prosecution’s failure to turn over the results of a polygraph examination of a key witness might have had an adverse effect on pretrial preparation by the defense. The Court of Appeals assumed, and the parties do not dispute, that the results were inadmissible under state law both for substantive purposes as well as for impeachment. The decision below is a misapplication of our Brady jurisprudence, see Brady v. Maryland, 373 U. S. 83 (1963), and we accordingly reverse the judgment of the Court of Appeals and remand for further proceedings.

I

On August 1, 1981, respondent Dwayne Bartholomew robbed a laundromat in Tacoma, Washington. In the course of the robbery, the laundromat attendant was shot and killed. Two shots were fired: One hit the attendant in the head; the second lodged in a counter near the victim’s body. From the beginning, respondent admitted that he committed the robbery and that the shots came from his gun.

[*3] The only issue at trial was whether respondent was guilty of aggravated first-degree murder, which requires proof of premeditation; or of first-degree (felony) murder, which does not. Respondent’s defense was that the gun, a single action revolver (one that must be cocked manually before each shot), discharged by accident — twice.

In addition to the physical evidence concerning the operation of the gun, the prosecution’s evidence consisted of the testimony of respondent’s brother, Rodney Bartholomew, and of Rodney’s girlfriend, Tracy Dormady. Both Rodney and Tracy testified that on the day of the crime they had gone to the laundromat in question to do their laundry, and that respondent was sitting in his car in the parking lot when they arrived. While waiting for their laundry, Rodney sat with his brother in the car. Rodney testified that respondent told him that he intended to rob the laundromat and “leave no witnesses.” According to their testimony, Rodney and Tracy left the laundromat soon after the conversation and went to Tracy’s house. Respondent arrived at the house a short time later, and when Tracy asked respondent if he had killed the attendant respondent said “he had put two bullets in the kid’s head.” Tracy also testified that she had heard respondent say that he intended to leave no witnesses. Both Rodney and Tracy’s testimony was consistent with their pretrial statements to the police. State v. Bartholomew, 98 Wash. 2d 173, 176-178, 654 P. 2d 1170, 1173-1174 (1982).

Respondent testified in his own defense. He admitted threatening the victim with his gun and forcing him to lie down on the floor. Respondent said, however, that while he was removing money from the cash drawer his gun acci-dently fired, discharging a bullet into the victim’s head. Respondent further claimed that the gun went off a second time while he was running away. Respondent denied telling Rodney or Tracy that he intended to leave no witnesses. According to his testimony, moreover, Rodney had assisted in[*4] the robbery by convincing the attendant to open the laundromat’s door after it had closed for the night, although Rodney left before the crime was committed. Ibid. In closing argument the defense sought to discredit Rodney and Tracy’s testimony by suggesting that they were lying about the extent of Rodney’s participation in the crime. 34 F. 3d 870, 872 (CA9 1994).

At the sentencing phase of the trial (respondent was sentenced to death but his sentence was overturned on appeal and he was resentenced to life imprisonment without the possibility of parole), the prosecution’s first witness was respondent’s cellmate, Stanley Bell. Bell testified that respondent told him that he made the victim lie on the floor, asked him his age, found out it was 17, replied “[t]oo bad,” and shot him. See State v. Bartholomew, supra, at 178, 654 P. 2d, at 1174.

Before trial, the prosecution requested that Rodney and Tracy submit to polygraph examinations. The answers of both witnesses to the questions asked by the polygraph examiner were consistent with their testimony at trial. As part of the polygraph examination, the examiner asked Tracy whether she had helped respondent commit the robbery and whether she had ever handled the murder weapon. Tracy answered in the negative to both questions. The results of the testing as to these questions were inconclusive, but the examiner noted his personal opinion that her responses were truthful. The examiner also asked Rodney whether he had assisted his brother in the robbery and whether at any time he and his brother were in the laundromat together. Rodney responded in the negative to both questions, and the examiner concluded that the responses to the questions indicated deception. Neither examination was disclosed to the defense.

After exhausting his state remedies, respondent filed a ha-beas action in the District Court for the Western District of Washington, raising, inter alia, a Brady claim based on the[*5] prosecution’s failure to produce the polygraph examinations. The District Court denied the writ, concluding that respondent “fails ... to show that evidence was withheld. The information withheld only possibly could have led to some admissible evidence. He fails to show that disclosure of the results of the polygraph to defense counsel would have had a reasonable likelihood of affecting the verdict.” App. to Pet. for Cert. B5 (emphasis in original).

On appeal, the Ninth Circuit reversed. 34 F. 3d 870 (1994). The Court of Appeals noted that under Washington law polygraphic examinations are inadmissible in evidence, even for impeachment purposes. See id., at 875 (citing State v. Ellison, 36 Wash. App. 564, 676 P. 2d 531 (1984)). The court nevertheless reversed the District Court’s denial of the writ, concluding that although the results would have been inadmissible at trial, the information was material under Brady. The court reasoned that “[h]ad [respondent’s] counsel known of the polygraph results, he would have had a stronger reason to pursue an investigation of Rodney’s story”; that he “likely would have taken Rodney’s deposition” and that in that deposition “might well have succeeded in obtaining an admission that he was lying about his participation in the crime” and “would likely have Uncovered a variety of conflicting statements which could have been used quite effectively in cross-examination at trial.” 34 F. 3d, at 875-876.

II

If the prosecution’s initial denial that polygraph examinations of the two witnesses existed were an intentional misstatement, we would not hesitate to condemn that misrepresentation in the strongest terms. But as we reiterated just last Term, evidence is “material” under Brady, and the failure to disclose it justifies setting aside a conviction, only where there exists a “reasonable probability” that had the evidence been disclosed the result at trial would have been different. Kyles v. Whitley, 514 U. S. 419, 433-434 (1995);[*6] United States v. Bagley, 473 U. S. 667, 682 (1985) (opinion of Blackmun, J.); id., at 685 (White, J., concurring in part and concurring in judgment). To begin with, on the Court of Appeals’ own assumption, the polygraph results were inadmissible under state law, even for impeachment purposes, absent a stipulation by the parties, see 34 F. 3d, at 875 (citing State v. Ellison, supra), and the parties do not contend otherwise. The information at issue here, then — the results of a polygraph examination of one of the witnesses — is not “evidence” at all. Disclosure of the polygraph results, then, could have had no direct effect on the outcome of trial, because respondent could have made no mention of them either during argument or while questioning witnesses. To get around this problem, the Ninth Circuit reasoned that the information, had it been disclosed to the defense, might have led respondent’s counsel to conduct additional discovery that might have led to some additional evidence that could have been utilized. See 34 F. 3d, at 875. Other than expressing a belief that in a deposition Rodney might have confessed to his involvement in the initial stages of the crime — a confession that itself would have been in no way inconsistent with respondent’s guilt — the Court of Appeals did not specify what particular evidence it had in mind. Its judgment is based on mere speculation, in violation of the standards we have established.

At trial, respondent’s strategy was to discredit Rodney’s damaging testimony by suggesting that Rodney was lying in order to downplay his own involvement in the crime. Id., at 872. That strategy did not involve deposing Rodney. It is difficult to see, then, on what basis the Ninth Circuit concluded that respondent’s counsel would have prepared in a different manner, or (more important) would have discovered some unspecified additional evidence, merely by disclosure of polygraph results that, as to two questions, were consistent with respondent’s preestablished defense.

[*7] In speculating that the undisclosed polygraph results might have affected trial counsel’s preparation, and hence the result at trial, the Ninth Circuit disagreed with, or disregarded, the view of respondent’s own trial counsel. At the evidentiary hearing held in the Federal District Court in this habeas action, respondent’s habeas counsel questioned trial counsel on the importance of the polygraph results:

“Q: And you indicated that your cross-examination of Rodney was, I think, somewhat limited because of concern that—
“A: It was limited in my own respect. Nobody tried to limit me. In my opinion, as a trial lawyer, that was a very dangerous witness to me, and I wanted to get as much as I could out of him without recalling the crystal words again. Leave no prisoners.
“Q: Do you think it would have been any help to you in doing that, if you had known of specific questions regarding the offense on which Mr. Rodney Bartholomew had failed a polygraph examination? Would that have perhaps affected the shape of your cross-examination of him?
“A: I think in retrospect they’re almost parallel. The questions that he failed were his contribution or implication in the offense, the holdup, with Mr. Dwayne Bartholomew. I believe they were in gloves, so in retrospect they wouldn’t have affected it. I would have liked to have known it, Mr. Ford, but I don’t think it would have affected the outcome of the case.” Tr. 55-56.

Trial counsel’s strategic decision to limit his questioning of Rodney undermines the suggestion by the Court of Appeals that counsel might have chosen to depose Rodney had the polygraph results been disclosed. But of even greater importance was counsel’s candid acknowledgment that disclosure would not have affected the scope of his cross-[*8] examination. That assessment is borne out by the best possible proof: The Federal District Court below went so far as to permit respondent’s habeas counsel, armed with the. information about the polygraph examinations, to question Rodney under oath. Even though respondent’s counsel was permitted to refer to the polygraph results themselves — reference to which would not be permissible on retrial — counsel obtained no contradictions or admissions out of Rodney. See id., at 84-87.

In short, it is not “reasonably likely” that disclosure of the polygraph results — inadmissible under state law — would have resulted in a different outcome at trial. Even without Rodney’s testimony, the case against respondent was overwhelming. To acquit of aggravated murder, the jury would have had to believe that respondent’s single action revolver discharged accidently, not once but twice, by tragic coincidence depositing a bullet to the back of the victim’s head, execution style, as the victim lay face down on the floor. In the face of this physical evidence, as well as Rodney and Tracy’s testimony — to say nothing of the testimony by Bell that the State likely could introduce on retrial — it should take more than supposition on the weak premises offered by respondent to undermine a court’s confidence in the outcome.

Whenever a federal court grants habeas relief to a state prisoner the issuance of the writ exacts great costs to the-State’s legitimate interest in finality. And where, as here, retrial would occur 13 years later, those costs and burdens are compounded many times. Those costs may be justified where serious doubts about the reliability of a trial infested with constitutional error exist. But where, as in this case, a federal appellate court, second-guessing a convict’s own trial counsel, grants habeas relief on the basis of little more than speculation with slight support, the proper delicate balance between the federal courts and the States is upset to a degree that requires correction.

* * *

[*9] The petition for certiorari is granted, the judgment of the Court of Appeals is reversed, and the case is remanded for further proceedings consistent with this opinion. The respondent’s motion to proceed in forma pauperis is granted.

It is so ordered.

Justice Stevens, Justice Souter, Justice Ginsburg, and Justice Breyer dissent from summary disposition of this case.