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Smith v. Cain, No. 10-8145 (U.S. Supreme Court) (565 U.S. 73; 132 S.Ct. 627) (January 10, 2012) (Justice (John G.) Roberts)

Article • January 23, 2012 • from P&J January, 2012

Filed under: Punch And Jurists, Withholding of Exculpatory Evidence

Smith v. Cain, No. 10-8145 (U.S. Supreme Court) (565 U.S. 73; 132 S.Ct. 627) (January 10, 2012) (Justice (John G.) Roberts) by In this case, the Supreme Court reversed a first degree murder conviction after finding, by an 8-to-1 vote, that New Orleans prosecutors had withheld material exculpatory evidence in …

U.S. v. Mathur, No. 09-1704 (1st Cir.) (624 F.3d 498) (November 3, 2010) (Judge Bruce M. Selya)

Article • November 29, 2010 • from P&J November, 2010

Filed under: Punch And Jurists, Delay in Disclosure

U.S. v. Mathur, No. 09-1704 (1st Cir.) (624 F.3d 498) (November 3, 2010) (Judge Bruce M. Selya) by In a prosecution of defendant for multiple counts of mail fraud and wire fraud, in connection with misrepresentations and misappropriation of millions of dollars in client funds, district court's denial of a …

U.S. v. Chapman, No. 06-10316 (9th Cir.) (524 F.3d 1073) (May 6, 2008) (Judge Kim McLane Wardlaw)

Article • April 1, 2008 • from P&J April, 2008

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

U.S. v. Chapman, No. 06-10316 (9th Cir.) (524 F.3d 1073) (May 6, 2008) (Judge Kim McLane Wardlaw) by Here the Court upheld the dismissal with prejudice of a 64-count indictment in a stock fraud case after finding that the Government had "egregiously failed to meet its constitutional obligations under Brady …

U.S. v. Rodriguez, No. 05-3069-cr (2nd Cir.) (496 F.3d 221) (July 24, 2007) (Judge Pierre N. Leval)

Article • October 1, 2007 • from P&J October, 2007

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

U.S. v. Rodriguez, No. 05-3069-cr (2nd Cir.) (496 F.3d 221) (July 24, 2007) (Judge Pierre N. Leval) by For a summary of the holding in this case, see "Absence of Notes Found Not to Affect 'Brady' Duty," by Tom Perrotta, as published in the New York Law Journal on July …

Dickson v. Quarterman, No. 05-70032 (5th Cir.) (453 F.3d 643) (June 22, 2006) (Judge Emilio M. Garza)

Article • August 1, 2006 • from P&J August, 2006

Filed under: Punch And Jurists, Certificate of Appealability

Dickson v. Quarterman, No. 05-70032 (5th Cir.) (453 F.3d 643) (June 22, 2006) (Judge Emilio M. Garza) by Petitioner inmate was convicted of capital murder in a Texas state court and was sentenced to death. The United States District Court for the Northern District of Texas denied his petition for …

Jencks v. U.S., No. 23 (U.S. Supreme Court) (353 U.S. 657; 77 S.Ct. 1007) (June 3, 2057) (Justice Brennan)

Article • October 12, 2005

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

Jencks v. U.S., No. 23 (U.S. Supreme Court) (353 U.S. 657; 77 S.Ct. 1007) (June 3, 2057) (Justice Brennan) by This case, which led to the enactment of 18 U.S.C. § 3500, held that the defense, in a criminal prosecution, was entitled, under certain circumstances, to obtain, for impeachment purposes, …

Kyles v. Whitley, No. 93-7927 (U.S. Supreme Court) (514 U.S. 419; 115 S.Ct. 1555) (April 19, 1995) (Justice Souter)

Article • April 26, 2005

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

Kyles v. Whitley, No. 93-7927 (U.S. Supreme Court) (514 U.S. 419; 115 S.Ct. 1555) (April 19, 1995) (Justice Souter) by Here the Court held that any favorable evidence known to those acting on the Government's behalf must be produced, even if unknown to the prosecuting attorney, who is by law …

U.S. v. Acosta, No. CR-S-03-542-JCM(PAL) (D.Nev.) (357 F.Supp.2d 1228) (January 31, 2005) (Judge James C. Mahan)

Article • April 1, 2005 • from P&J April, 2005

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

U.S. v. Acosta, No. CR-S-03-542-JCM(PAL) (D.Nev.) (357 F.Supp.2d 1228) (January 31, 2005) (Judge James C. Mahan) by This case discusses two important discovery issues: what is the scope of the Government’s duty to disclose exculpatory evidence before trial?; and how should conflicts between the duty to disclose and the Jencks …

U.S. v. Pelullo, No. 02-2710 (3rd Cir.) (399 F.3d 197) (February 25, 2005) (Judge Leonard I. Garth)

Article • February 1, 2005 • from P&J February, 2005

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

U.S. v. Pelullo, No. 02-2710 (3rd Cir.) (399 F.3d 197) (February 25, 2005) (Judge Leonard I. Garth) by In this case the Circuit reversed a district court's finding of a Brady violation concerning two sets of exculpatory documents. In a very fact intensive opinion, the Court ruled that because the …

Slutzker v. Johnson, No. 03-4046 (3rd Cir.) (393 F.3d 373) (December 29, 2004) (Judge Edward R. Becker)

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

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

Slutzker v. Johnson, No. 03-4046 (3rd Cir.) (393 F.3d 373) (December 29, 2004) (Judge Edward R. Becker) by Here the Third Circuit granted habeas relief from a twelve-year-old conviction in a nearly thirty-year-old murder case, based on the prosecution’s failure to disclose to the defense 21 police reports in violation …

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. 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 …

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 …

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