Punch and Jurists

U.S. v. Avellino, No. 97-1117, No. 309 (2nd Cir.) (136 F.3d 249) (January 30, 1998) (Judge Amalya Lyle Kearse) by In holding that the Brady rule does not impose an unlimited duty on the prosecutor to inquire of other Government offices, the Court explained that a contrary view would "condemn …

U.S. v. Payne, No. 94-1613 (2nd Cir.) (63 F.3d 1200) (August 23, 1995) (Judge Amalya Lyle Kearse) by Among other rulings, the Court affirmed that a prosecutor cannot hide behind the defense that he personally was unaware of the suppressed evidence. "The individual prosecutor is presumed to have knowledge of …