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https://www.nytimes.com/2018/06/06/nyregion/murder-confession-brady-rule.html, No. 490 (U.S. Supreme Court) (373 U.S. 83; 83 S.Ct. 1194) (May 13, 2063) (Justice Douglas)

Article • June 16, 2018

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

https://www.nytimes.com/2018/06/06/nyregion/murder-confession-brady-rule.html, No. 490 (U.S. Supreme Court) (373 U.S. 83; 83 S.Ct. 1194) (May 13, 2063) (Justice Douglas) by In this case the Court held that the Due Process Clause imposes upon the prosecution an obligation to disclose "evidence favorable to the accused . . . where the evidence is material …

U.S. v. Farhane, No. 07-1968-cr (L) (2nd Cir.) (634 F.3d 127) (February 4, 2011) (Judge Reena Raggi)

Article • December 1, 2011

Filed under: Punch And Jurists, Material Support to Terrorism

U.S. v. Farhane, No. 07-1968-cr (L) (2nd Cir.) (634 F.3d 127) (February 4, 2011) (Judge Reena Raggi) by [Editor's Note: For some commentaries on this decision, see: • "Attempting Offer," by Steve Statsinger, as posted on the Second Circuit Blog on February 19, 2011 at http://circuit2.blogspot.com/2011/02/attempting-offer.html • "Doctor's Conviction for …

Wilson v. Central Intelligence Agency, No. 07-4244-cv (2nd Cir.) (586 F.3d 171) (November 12, 2009) (Judge Reena Raggi)

Article • December 1, 2009

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

Wilson v. Central Intelligence Agency, No. 07-4244-cv (2nd Cir.) (586 F.3d 171) (November 12, 2009) (Judge Reena Raggi) by In a First Amendment action claiming that the CIA was required to allow former employee Valerie Plame Wilson to publish a memoir about her tenure at the agency, summary judgment for …

U.S. v. Kelley, No. 06-5536-cr (2nd Cir.) (551 F.3d 171) (January 5, 2009) (Per Curiam)

Article • February 1, 2009 • from P&J February, 2009

Filed under: Punch And Jurists, Relevance

U.S. v. Kelley, No. 06-5536-cr (2nd Cir.) (551 F.3d 171) (January 5, 2009) (Per Curiam) by A conviction for securities fraud and wire fraud is affirmed where: 1) although the use of bogus account statements to lull defrauded investors is not in and of itself sufficient to establish a securities …

U.S. v. Al-Moayad, No. 05-4186-cr(L) (2nd Cir.) (545 F.3d 139) (October 2, 2008) (Judge Barrington D. Jr. Parker)

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

Filed under: Punch And Jurists, Material Support to Terrorism

U.S. v. Al-Moayad, No. 05-4186-cr(L) (2nd Cir.) (545 F.3d 139) (October 2, 2008) (Judge Barrington D. Jr. Parker) by Conviction for conspiring to provide and attempting to provide material support to designated terrorist organizations, and providing material support to a terrorist organization for one co-defendant, is vacated and remanded where …

In re Terrorist Bombings of U.S. Embassies (Fourth Amendment Challenges), No. 01-1535-cr (L) (2nd Cir.) (552 F.3d 157) (November 24, 2008) (Judge Jose A. Cabranes)

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

Filed under: Punch And Jurists, Foreign Countries

In re Terrorist Bombings of U.S. Embassies (Fourth Amendment Challenges), No. 01-1535-cr (L) (2nd Cir.) (552 F.3d 157) (November 24, 2008) (Judge Jose A. Cabranes) by The Second Circuit released three lengthy, separate decisions in this case which involved the appeals of three Al-Qaeda operatives who were convicted, a few …

U.S. v. Siraj, No. 07-0224-cr (2nd Cir.) (533 F.3d 99) (July 9, 2008) (Judge Dennis G. Jacobs)

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

Filed under: Punch And Jurists, Statements of Defendant

U.S. v. Siraj, No. 07-0224-cr (2nd Cir.) (533 F.3d 99) (July 9, 2008) (Judge Dennis G. Jacobs) by Written police reports that memorialize oral statements made by a defendant to an undercover officer do not have to be produced upon demand under Federal Rule of Criminal Procedure 16(a)(1)(B)(i). A conviction …

U.S. v. Aref, No. 07-0981-cr(L) (2nd Cir.) (533 F.3d 72) (July 2, 2008) (Judge Joseph M. McLaughlin)

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

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

U.S. v. Aref, No. 07-0981-cr(L) (2nd Cir.) (533 F.3d 72) (July 2, 2008) (Judge Joseph M. McLaughlin) by This appeal stems from the convictions at trial in 2006 of Yassin Muhiddin Aref, an imam at a mosque in Albany, NY, and Mohammed Mosharref Hossain, a co-founder of that mosque, on …

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 …

U.S. v. Anderson, No. CRIM. 05-0066 PLF (D.D.C.) (441 F.Supp.2d 15) (July 24, 2006) (Judge Paul L. Friedman)

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

Filed under: Punch And Jurists, Bill of Particulars

U.S. v. Anderson, No. CRIM. 05-0066 PLF (D.D.C.) (441 F.Supp.2d 15) (July 24, 2006) (Judge Paul L. Friedman) by Defendant filed a motion for a bill of particulars. While the government provided most of the requested clarification and specification informally in meetings with defense counsel after the motion was filed, …

U.S. v. Bin Laden, No. SR7 98 Cr. 1023 (KTD) (S.D.N.Y.) (397 F.Supp.2d 465) (November 2, 2005) (Judge Kevin Thomas Duffy)

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

Filed under: Punch And Jurists, Discovery - Lateness of

U.S. v. Bin Laden, No. SR7 98 Cr. 1023 (KTD) (S.D.N.Y.) (397 F.Supp.2d 465) (November 2, 2005) (Judge Kevin Thomas Duffy) by After he was convicted of conspiracy to kill United States nationals, conspiracy to commit murder, conspiracy to destroy buildings and property of the United States, and 18 counts …

U.S. v. Paracha, No. 03 Cr. 1197 (SHS) (S.D.N.Y.) (2006 U.S. Dist. LEXIS 1) (January 3, 2006) (Judge Sidney H. Stein)

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

Filed under: Punch And Jurists, Material Support to Terrorism

U.S. v. Paracha, No. 03 Cr. 1197 (SHS) (S.D.N.Y.) (2006 U.S. Dist. LEXIS 1) (January 3, 2006) (Judge Sidney H. Stein) by

U.S. v. Sattar, No. S1 02 Cr. 395(JKG) (S.D.N.Y.) (395 F.Supp.2d 66) (October 24, 2005) (Judge John G. Koeltl)

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

Filed under: Punch And Jurists, Material Support to Terrorism

U.S. v. Sattar, No. S1 02 Cr. 395(JKG) (S.D.N.Y.) (395 F.Supp.2d 66) (October 24, 2005) (Judge John G. Koeltl) by Defendant, Lynne Stewart, an attorney and visitor of a terrorist inmate, filed a Fed. R. Civ. P. 33 motion for a new trial, or in the alternative, an evidentiary hearing …

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, …

U.S. v. Sattar, No. S1 02 Cr. 395 (S.D.N.Y.) (395 F.Supp.2d 79) (October 24, 2005) (Judge John G. Koeltl)

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

Filed under: Punch And Jurists, Material Support to Terrorism

U.S. v. Sattar, No. S1 02 Cr. 395 (S.D.N.Y.) (395 F.Supp.2d 79) (October 24, 2005) (Judge John G. Koeltl) by Defendants inmate, his attorney, and visitors of the inmate, were charged and convicted by a jury of, inter alia, conspiring to defraud the United States, conspiring to murder and kidnap …

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 …