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Article • October 17, 2016 • from P&J October, 2016
U.S. v. Bagcho, No. Crim. No. 06-00334 (ESH) (D.D.C.) (151 F.Supp.3d 60) (December 17, 2015) (Judge Ellen Segal Huvelle) by Here the Court threw out the defendant’s conviction for narco-terrorism after concluding that the Government had committed a Brady violation by failing to disclose before trial that one of its …
Article • February 10, 2014 • from P&J February, 2014
U.S. v. Olsen, No. 10-36063 (9th Cir.) (757 F.3d 625) (December 10, 2013) (Per Curiam) by In 2003, Kenneth Olsen was convicted by a federal jury of knowingly developing a biological agent for use as a weapon in violation of 18 U.S.C. § 175; and he was sentenced to 121 …
Article • December 1, 2013
U.S. v. Sessa, No. 11-611-cr (2nd Cir.) (711 F.3d 316) (March 29, 2013) (Judge Jon O. Newman) by In challenge to defendant's 1992 conviction for several crimes related to his participation in the Colombo organized crime family, based on his argument that the Government violated due process requirements by failing …
Article • April 1, 2013 • from P&J April, 2013
Milke v. Ryan, No. 07-99001 (9th Cir.) (711 F.3d 998) (March 14, 2013) (Judge Alex Kozinski) by This disgraceful and disturbing case might just represent the perfect example of why and how police misconduct can and will result in the total breakdown of the criminal justice system in America. In …
Article • April 2, 2012 • from P&J April, 2012
Missouri v. Frye, No. 10-444 (U.S. Supreme Court) (566 U.S. 134; 132 S.Ct. 1399) (March 21, 2012) (Justice Kennedy) by Missouri v. Frye, 566 U.S. ___, 132 S.Ct. 1399 (U.S. Sup. Ct. March 21, 2012) (Justice Kennedy) Lafler v. Cooper, 566 U.S. ___, 132S.Ct. 1376 (U.S. Sup. Ct. March 21, …
Article • December 1, 2009
Warney v. Monroe County, No. 08-0947 (2nd Cir.) (587 F.3d 113) (November 13, 2009) (Judge Dennis G. Jacobs) by In a civil rights action alleging that the exculpatory result of post-trial DNA testing was not timely disclosed to plaintiff, denial of defendant-prosecutors' motion for summary judgment based on absolute or …
Article • May 1, 2009 • from P&J May, 2009
U.S. v. Price, No. 05-30323 (9th Cir.) (566 F.3d 900) (May 21, 2009) (Judge Stephen Reinhardt) by This case is noted for its strong affirmation of the principle that a prosecutor cannot escape his Brady obligations to disclose exculpatory information to the defense on the grounds that the information was …
Article • December 1, 2004 • from P&J December, 2004
U.S. v. Gasim Al-Dabbi, No. 04-1053 (8th Cir.) (388 F.3d 1145) (November 12, 2004) (Judge Roger L. Wollman) by The defendant claimed that the Government violated his due process rights under Brady v. Maryland, 272 U.S. 83 (1963) by failing to disclose before trial that it had promised financial assistance …
Article • December 1, 2004 • from P&J December, 2004
U.S. v. Blanco, No. 03-10390 (9th Cir.) (392 F.3d 382) (December 27, 2004) (Judge William A. Fletcher) by After the defendant was convicted of various drug crimes, he appealed, arguing that the government failed to disclose material impeachment evidence in violation of Brady v. Maryland, 272 U.S. 83 (1963) and …