News & Analysis as of

Brady Violation

The Supreme Court - June 22, 2017

by Dorsey & Whitney LLP on

Maslenjak v. United States, No. 16-309: Petitioner Divna Maslenjak, an ethnic Serb who immigrated to the United States in 2000 and became a naturalized U.S. citizen in 2007, was convicted under 18 U.S.C. §1425(a) for...more

United States v. Burden

On June 19, 2017, the Second Circuit (Katzmann, Kearse, Livingston) issued a per curiam decision in United States v. Burden, et al., vacating the term of supervised release imposed on the defendants and remanding the case for...more

Supreme Court Rules that Pennsylvania Justice's Previous Involvement in Case Represented an Impermissible Risk of Bias

by Hinshaw & Culbertson LLP on

In a recent opinion, Williams v. Pennsylvania, --- S.Ct. ----, 2016 WL 3189529 (June 9, 2016), a divided United States Supreme Court held that judges must recuse themselves in cases in which they previously played a...more

Supreme Court Says Prosecutors Can’t Judge the Cases They Prosecute

by Brooks Pierce on

Not all of the justices would put it that way. To be fair to the dissenters, and because his version is shorter, we’ll use Justice Thomas’s description of the underlying facts from his dissent in Williams v. Pennsylvania,...more

The Supreme Court - June 2016 #2

by Dorsey & Whitney LLP on

The Supreme Court of the United States issued decisions in three cases on June 9, 2016: - Dietz v. Bouldin, No. 15-458: An automobile accident case went to a jury trial in federal district court. Respondent Hillary...more

The Supreme Court - March 2016 #2

by Dorsey & Whitney LLP on

The Supreme Court of the United States issued decisions in three cases today - Americold Realty Trust v. ConAgra Foods, Inc., No. 14-1382: Plaintiff corporations, including respondent ConAgra Foods, Inc., brought suit...more

California Supreme Court Holds Prosecutors Must File Pitchess Motions to Examine Police Personnel Records

by Best Best & Krieger LLP on

Law Enforcement Agencies Should Seek Guidance When Prosecutors Ask to Review Officer-Witness Files - Prosecutors do not have unfettered access to confidential personnel records of police officers who are potential...more

Prosecutors are Entitled to Direct Access to Peace Officer Personnel Records

by Best Best & Krieger LLP on

Appellate Court Says No Pitchess Motion Required to Determine if Records Contain Brady Material - Overview: A California appellate court held this week that prosecutors are entitled to direct access — without a...more

BB&K Police Bulletin: Brady Evidence - Failure to Disclose Previous Mistakes in K-9 “Scent Lineups” Violates Brady

by Best Best & Krieger LLP on

Overview: The Ninth Circuit Court of Appeals recently ruled that the state of California violated Brady v. Maryland by failing to disclose exculpatory evidence of a police dog’s history of mistaken scent identifications in a...more

7th Circuit Extends Bivens Civil Rights Actions to Brady Violations

by Pavlack Law, LLC on

This week we examine the hugely important 7th Circuit case Engel v. Buchan that found that the violations of the Brady v. Maryland right requiring a prosecutor to disclose potentially exculpatory evidence to a criminal...more

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