The old adage that a prosecutor could get a grand jury to “indict a ham sandwich” has long symbolized the government’s near-total control over the charging process. For decades, the data confirmed that grand juries almost...more
Rooted in the due process clauses of the Fifth and Fourteenth Amendments, Brady requires the government to disclose exculpatory evidence, that is, “evidence favorable to the accused” which is “material to either guilt or...more
Today, on the last day of the 2024-2025 term, the Supreme Court of the United States issued five decisions: Trump v. CASA, Inc., No. 24A884: This case addresses whether district courts had the authority to issue...more
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
The Fifth Circuit Court of Appeals appears to have handed white collar defendants a new tool for trial. In United States v. Gluk, — F.3d —-, 2016 WL 4150901 (5th Cir. Aug. 4, 2016), the court held that a little-noticed...more