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U.S. v. Sipe, No. 03-40657 (5th Cir.) (388 F.3d 471) (October 15, 2004) (Judge Patrick E. Higginbotham)

Article • December 1, 2004 • from P&J December, 2004

Filed under: Punch And Jurists, Brady/Giglio/Jencks Act Issues

U.S. v. Sipe, No. 03-40657 (5th Cir.) (388 F.3d 471) (October 15, 2004) (Judge Patrick E. Higginbotham) by In this case the Fifth Circuit granted a new trial based primarily on its finding that the prosecution had violated its duty under Brady v. Maryland, 272 U.S. 83 (1963), by suppressing …

Banks v. Dretke, No. 02-8286 (U.S. Supreme Court) (540 U.S. 668; 124 S.Ct. 1256) (February 24, 2004) (Justice Ginsburg)

Article • November 21, 2004 • from P&J February, 2004

Filed under: Punch And Jurists, Brady/Giglio/Jencks Act Issues

Banks v. Dretke, No. 02-8286 (U.S. Supreme Court) (540 U.S. 668; 124 S.Ct. 1256) (February 24, 2004) (Justice Ginsburg) by Here by a vote of 7 to 2, the Supreme Court overturned a Texas death sentence on the ground that the prosecution deliberately withheld evidence that would have made the …

U.S. v. Koubriti, No. 01-CR-80778 (E.D.Mich.) (336 F.Supp.2d 676) (September 2, 2004) (Judge Gerald E. Rosen)

Article • November 1, 2004 • from P&J November, 2004

Filed under: Punch And Jurists, Brady/Giglio/Jencks Act Issues

U.S. v. Koubriti, No. 01-CR-80778 (E.D.Mich.) (336 F.Supp.2d 676) (September 2, 2004) (Judge Gerald E. Rosen) by Judge Rosen held that the Government’s misconduct was of such a magnitude, and was so prevalent and pervasive as to lead to the inescapable conclusion that the defendants’ due process, confrontation and fair …

U.S. v. Sattar, No. S1 02 395JGK (S.D.N.Y.) (314 F.Supp.2d 279) (April 20, 2004) (Judge John G. Koeltl)

Article • June 1, 2004 • from P&J June, 2004

Filed under: Punch And Jurists, Material Support to Terrorism

U.S. v. Sattar, No. S1 02 395JGK (S.D.N.Y.) (314 F.Supp.2d 279) (April 20, 2004) (Judge John G. Koeltl) by Defendants were charged with conspiring to defraud the United States, conspiring to murder and kidnap persons in a foreign country, soliciting persons to engage in crimes of violence, conspiring to and …

Roviaro v. U.S., No. 58 (U.S. Supreme Court) (353 U.S. 53; 77 S.Ct. 623) (March 25, 2057) (Justice Burton)

Article • February 16, 2004

Filed under: Punch And Jurists, Informer's Privilege

Roviaro v. U.S., No. 58 (U.S. Supreme Court) (353 U.S. 53; 77 S.Ct. 623) (March 25, 2057) (Justice Burton) by Here the Court held that where the disclosure of an informer's identity is crucial to the defense of an accused or essential to a fair trail, the Government's privilege to …

U.S. v. Washington, No. 3:02CR146 (JBA) (D.Conn.) (294 F.Supp.2d 246) (December 15, 2003) (Judge Janet Bond Arterton)

Article • February 1, 2004 • from P&J February, 2004

Filed under: Punch And Jurists, Brady/Giglio/Jencks Act Issues

U.S. v. Washington, No. 3:02CR146 (JBA) (D.Conn.) (294 F.Supp.2d 246) (December 15, 2003) (Judge Janet Bond Arterton) by The government filed a motion for reconsideration of the ruling granting defendant's amended motion for a new trial. The district court vacated defendant's conviction and ordered a new trial, pursuant to Fed. …

U.S. v. Washington, No. 3:02CR146 (JBA) (D.Conn.) (263 F.Supp.2d 413) (May 15, 2003) (Judge Janet Bond Arterton)

Article • August 1, 2003 • from P&J August, 2003

Filed under: Punch And Jurists, Brady/Giglio/Jencks Act Issues

U.S. v. Washington, No. 3:02CR146 (JBA) (D.Conn.) (263 F.Supp.2d 413) (May 15, 2003) (Judge Janet Bond Arterton) by Defendant moved under Fed. R. Crim. P. 33 to vacate his conviction after jury trial for being a felon in possession of a firearm in violation of 18 U.S.C.S. § 922(g) and …

U.S. v. Sattar, No. 02 Cr. 395 (JGL) (S.D.N.Y.) (272 F.Supp.2d 348) (July 22, 2003) (Judge John G. Koeltl)

Article • July 1, 2003 • from P&J August, 2003

Filed under: Punch And Jurists, Material Support to Terrorism

U.S. v. Sattar, No. 02 Cr. 395 (JGL) (S.D.N.Y.) (272 F.Supp.2d 348) (July 22, 2003) (Judge John G. Koeltl) by Among the many terrorist cases that have been dramatically announced by the Justice Department to large and theatrically staged press conferences, the one the seemed to bring the greatest satisfaction …

Goldberg v. U.S., No. 74-6293 (U.S. Supreme Court) (425 U.S. 94; 96 S.Ct. 1338) (March 30, 1976) (Justice Brennan)

Article • October 4, 2002

Filed under: Punch And Jurists, Brady/Giglio/Jencks Act Issues

Goldberg v. U.S., No. 74-6293 (U.S. Supreme Court) (425 U.S. 94; 96 S.Ct. 1338) (March 30, 1976) (Justice Brennan) by Case held that a writing prepared by the Government relating to the subject matter of the testimony of a Goverbment witness that has been "signed or otherwise adopted" by the …

Scott v. Mullin, No. 00-7103 (10th Cir.) (303 F.3d 1222) (August 26, 2002) (Judge Carlos Lucero)

Article • October 1, 2002 • from P&J October, 2002

Filed under: Punch And Jurists, Brady/Giglio/Jencks Act Issues

Scott v. Mullin, No. 00-7103 (10th Cir.) (303 F.3d 1222) (August 26, 2002) (Judge Carlos Lucero) by This is a rare case in which a first-degree murder conviction was vacated because the state failed to disclose to the defense exculpatory evidence that another person had confessed to the murder, in …

Jenkins v. Artuz, No. 98-CV-277 (E.D.N.Y.) (210 F.Supp.2d 173) (July 9, 2002) (Judge Nina Gershon)

Article • September 1, 2002 • from P&J September, 2002

Filed under: Punch And Jurists, Brady/Giglio/Jencks Act Issues

Jenkins v. Artuz, No. 98-CV-277 (E.D.N.Y.) (210 F.Supp.2d 173) (July 9, 2002) (Judge Nina Gershon) by The inmate's first trial ended in a mistrial. Following the second trial, the district court determined that the inmate had been deprived of his right to due process of law because of prosecutorial misconduct …

U.S. v. Ramos, No. CR.A. 02-30007-MAP (D.Mass.) (210 F.Supp.2d 1) (June 4, 2002) (Judge Magistrate)

Article • August 1, 2002 • from P&J August, 2002

Filed under: Punch And Jurists, Informer's Privilege

U.S. v. Ramos, No. CR.A. 02-30007-MAP (D.Mass.) (210 F.Supp.2d 1) (June 4, 2002) (Judge Magistrate) by Here, the Court directed the Government to disclose to the defense, “forthwith,” the name and criminal history of a confidential informant who was directly involved in at least three of the transactions with which …

Collier v. Davis, No. 01-1742 (7th Cir.) (301 F.3d 843) (August 29, 2002) (Judge Ann Claire Williams)

Article • August 1, 2002 • from P&J August, 2002

Filed under: Punch And Jurists, Brady/Giglio/Jencks Act Issues

Collier v. Davis, No. 01-1742 (7th Cir.) (301 F.3d 843) (August 29, 2002) (Judge Ann Claire Williams) by The issue before the court on this appeal was whether the State's alleged failure to disclose an understanding or informal agreement of leniency in exchange for the key witness's testimony violated Brady …

U.S. v. Traeger, No. 01-2154 (7th Cir.) (289 F.3d 461) (May 8, 2002) (Judge Terrence T. Evans)

Article • June 1, 2002 • from P&J June, 2002

Filed under: Punch And Jurists, Brady/Giglio/Jencks Act Issues

U.S. v. Traeger, No. 01-2154 (7th Cir.) (289 F.3d 461) (May 8, 2002) (Judge Terrence T. Evans) by

U.S. v. Bagley, No. 84-48 (U.S. Supreme Court) (473 U.S. 667; 105 S.Ct. 3383) (July 2, 1985) (Justice Blackmun)

Article • April 27, 2002

Filed under: Punch And Jurists, Brady/Giglio/Jencks Act Issues

U.S. v. Bagley, No. 84-48 (U.S. Supreme Court) (473 U.S. 667; 105 S.Ct. 3383) (July 2, 1985) (Justice Blackmun) by In this case, the Court held that the duty of disclosure included impeachment as well as exculpatory evidence. In analyzing the reach of its decision in Brady v. Maryland, 373 …

Napue v. Illinois, No. 583 (U.S. Supreme Court) (360 U.S. 264; 79 S.Ct. 1173) (June 15, 2059) (Justice Warren)

Article • April 26, 2002

Filed under: Punch And Jurists, Exculpatory Evidence - Disclosure Obligations

Napue v. Illinois, No. 583 (U.S. Supreme Court) (360 U.S. 264; 79 S.Ct. 1173) (June 15, 2059) (Justice Warren) by In this case the defendant was charged with murder. At his trial, the State's principal witness, one George Hamer, and a man doing time for the same murder with which …

U.S. v. Scarfo, No. Crim. No. 00-404(NHP) (D.N.J.) (180 F.Supp.2d 572) (December 26, 2001) (Judge Nicholas H. Politan)

Article • December 1, 2001 • from P&J December, 2001

Filed under: Punch And Jurists, Classified Information Procedures Act (CIPA)

U.S. v. Scarfo, No. Crim. No. 00-404(NHP) (D.N.J.) (180 F.Supp.2d 572) (December 26, 2001) (Judge Nicholas H. Politan) by In a case of first impression, Judge Politan of the D.N.J. ruled that the FBI did not need a wiretap order to attach a keystroke-recording device to a reputed mobster’s computer …

U.S. v. Coppa, No. 01-3031 (2nd Cir.) (267 F.3d 132) (October 5, 2001) (Judge Jose A. Cabranes)

Article • September 1, 2001 • from P&J September, 2001

Filed under: Punch And Jurists, Brady/Giglio/Jencks Act Issues

U.S. v. Coppa, No. 01-3031 (2nd Cir.) (267 F.3d 132) (October 5, 2001) (Judge Jose A. Cabranes) by Here the Court restricted, both temporally and substantively, the Government’s obligations to provide a defendant with exculpatory and impeachment materials, holding that such disclosure need only be made in time for “its …

U.S. v. Pelullo, No. CR. 91-60 (E.D.Pa.) (144 F.Supp.2d 369) (April 26, 2001) (Judge Robert F. Kelly)

Article • July 1, 2001 • from P&J July, 2001

Filed under: Punch And Jurists, Brady/Giglio/Jencks Act Issues

U.S. v. Pelullo, No. CR. 91-60 (E.D.Pa.) (144 F.Supp.2d 369) (April 26, 2001) (Judge Robert F. Kelly) by Here the Court rejected a series of defense motions, holding, inter alia, that the Government's alleged suppression of Brady evidence was not material to the defendant's prosecution.

U.S. v. Agurs, No. 75-491 (U.S. Supreme Court) (427 U.S. 97; 96 S.Ct. 2392) (June 24, 1976) (Justice Stevens)

Article • December 13, 2000

Filed under: Punch And Jurists, Brady/Giglio/Jencks Act Issues

U.S. v. Agurs, No. 75-491 (U.S. Supreme Court) (427 U.S. 97; 96 S.Ct. 2392) (June 24, 1976) (Justice Stevens) by The defendant in this case, Linda Agurs, was accused of second-degree murder after she repeatedly stabbed James Sewell in a cheap motel room, following a sexual liason with him. The …