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Brady Violation

King & Spalding

Recent Developments in Coburn: Walking the Tightrope of Cooperating with DOJ while Maintaining an Independent Investigation

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In February 2022, a District of New Jersey court in United States v. Coburn took the surprising step of compelling a private company to produce internal investigation materials to two of its former executives, who were...more

ArentFox Schiff

Investigations Newsletter: $140 Million Healthcare Fraud Case to Be Retried

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$140 Million Healthcare Fraud Case to Be Retried - On June 27, a Houston federal district court judge indicated that a $140 million healthcare fraud case, which ended in mistrial in December 2022 due to allegations of...more

McGuireWoods LLP

Courts Adopt Different Approaches in Implementing the Due Process Protections Act

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In a December 2020 article, we highlighted in this blog the amendment of Federal Rule of Criminal Procedure 5(f) in the new Due Process Protections Act (“DPPA” or “the Act”). The Act requires federal courts to enter a Brady...more

Epstein Becker & Green

What Good Will the “Due Process Protections Act” Do?

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On October 21, 2020, President Trump signed into law the “Due Process Protections Act” (“DPPA”), P.L. No. 116-182, 134 Stat. Ann. 894, which was effective upon enactment. Receiving rare bi-partisan support in both houses of...more

McGuireWoods LLP

New Due Process Protection Act Amends Criminal Rule 5, May Strengthen Defendants’ Brady Rights

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A new law will require all federal judges to enter an order at the beginning of every criminal case advising prosecutors of their duties under Brady v. Maryland, 373 U.S. 83 (1963) to disclose exculpatory evidence to the...more

Dechert LLP

Due Process Protections Act Enacted Into Law

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On October 21, 2020, President Donald J. Trump signed the Due Process Protections Act, S. 1380, which provides additional protections for criminal defendants’ due process right to receive material exculpatory evidence from...more

Patterson Belknap Webb & Tyler LLP

Missing Texts, Unfair Trial: Second Circuit Remands Case for Possible Brady Violations and Sentencing Irregularities

In United States v. Djibo, the Second Circuit vacated and remanded a judgment of conviction entered in the Eastern District of New York (Johnson, J.) following the defendant’s trial on charges arising from an international...more

Dorsey & Whitney LLP

The Supreme Court - June 22, 2017

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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

Patterson Belknap Webb & Tyler LLP

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

Hinshaw & Culbertson LLP

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

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

Brooks Pierce

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

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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

Dorsey & Whitney LLP

The Supreme Court - June 2016 #2

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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

Dorsey & Whitney LLP

The Supreme Court - March 2016 #2

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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

Best Best & Krieger LLP

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

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

Best Best & Krieger LLP

Prosecutors are Entitled to Direct Access to Peace Officer Personnel Records

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

Best Best & Krieger LLP

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

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

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