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ABA LawBlawg 100 Winner (2015)
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Recent Posts
- Speedy Trial Act Strategy in White-Collar Cases (Part II)
- Fourth Circuit Finally Concedes that the Government Cannot Take Your Stuff Before Trial
- Fight the Power, Part IV: The Government Backs Off Absurd Claims of “Witness Tampering”
- Can a Defendant Get Attorney’s Fees If He’s Acquitted and There’s Prosecutorial Misconduct?
- Speedy Trial Act Strategy in White-Collar Cases (Part I)
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Category Archives: Discovery/Brady
Fight the Power, Part IV: The Government Backs Off Absurd Claims of “Witness Tampering”
A defendant has a constitutional right to prepare a defense to criminal charges. In a white-collar case, contacting potential witnesses is as important as reviewing the document trail. Why does the government feel threatened when we do our jobs? I … Continue reading
Posted in Discovery/Brady, Obstruction
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Massey Mine Defense Team Wins the Discovery Lottery–But Then Can’t Collect on It?
A few weeks ago, I wrote about some important discovery motions in the Massey Mine trial unfolding in the Southern District of West Virginia. The defense had a nice win recently on one of those motions. But according to a … Continue reading
The Massey Mine Trial’s Discovery Battles Continue, and Why Rule 16 Still S&%ks
I have previously posted about the upcoming trial of Donald Blankenship, the former CEO of Massey Energy Company. Mr. Blankenship was indicted on several charges, including conspiracy to violate federal mine safety standards, following a fatal explosion at one of … Continue reading
Can The Ethics Rules Stop Brady Violations?
Brady v. Maryland requires a prosecutor to disclose evidence that is favorable to the defense. Yet many critics have correctly pointed out that unless there exists a way to discipline prosecutors who willfully violate this obligation, it is an abstract … Continue reading
Posted in Appeal, Discovery/Brady, Ethics
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A Brady Win for a Defendant–Finally (and Some Tips to Get Brady Material)
The conviction and sentence of a man in California were recently vacated when it was discovered that the government had improperly withheld exculpatory material from his defense team at trial. We read a lot of stories about the failures of Brady … Continue reading
Posted in Conspiracy, Discovery/Brady, Reversal
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Judge Jed Rakoff Is Never Boring
There have been a lot of reasons to find SDNY Judge Jed S. Rakoff interesting. But the most recent one–involving his resignation from a federal commission over forensic science discovery rules–is in the top 10. (Be sure to read the … Continue reading
Posted in Discovery/Brady
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Question of the Day: Should Defendants Get Complete Discovery Before Deciding Whether To Plead Guilty?
A few days ago, I attended the excellent white collar conference sponsored by the National Association of Criminal Defense Lawyers (NACDL) in Washington, DC. During one of the panels, an interesting topic arose: should criminal defendants be entitled to discovery … Continue reading
Posted in Discovery/Brady, Policy issues
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