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Recent Posts
- Is DOJ Stuck With Its Positions in the “Updated” Roger Stone Sentencing Memo?
- Why Do Prosecutors Consistently Get the Benefit of the Doubt on Intent for Brady Violations?
- Did the Fourth Circuit Just Outlaw Taint Teams? Nope, But It Threw Up Some Roadblocks
- Another Insider Trading Court Decision: Making Life Easier for the Government
- Year End Review: Big Firm News and the 5 Most Popular Posts in 2019 (Yours and Ours)
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Category Archives: Discovery/Brady
Why Do Prosecutors Consistently Get the Benefit of the Doubt on Intent for Brady Violations?
By Sara Kropf In most white-collar cases, intent is the key issue. The government generally has to prove that the defendant intentionally acted to break the law and it wasn’t simply a mistake or an oversight. Circumstantial evidence is enough … Continue reading
Does the Government Have to Turn Over FBI 302s in Discovery?
By Sara Kropf The government usually turns over interview memos, or FBI 302s, during discovery in a criminal case. As I’ve written before, a 302 is a summary of a witness interview written by an FBI agent. It is in … Continue reading
Rule 17(c) Subpoenas – The Unfair Limits on a Defendant’s Ability to Prepare a Defense (Part 2)
By Sara Kropf In the first post on this topic, I described the basics of Rule 17(c) subpoenas. This post will offer some practical tips to convince a court to issue a subpoena to a third party to obtain documents … Continue reading
Posted in Discovery/Brady
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The Department of Justice Should Drop the Inauguration Day Protest Cases
The Department of Justice has been humiliated in its misguided prosecution of over two hundred Inauguration Day protestors. It has lost every single case to go to trial. It has engaged in intentional violations of the rules. And it has … Continue reading
Doing the Government’s Laundry
By Dan Portnov In certain legal (nerd) circles, coining a phrase or term of art is one of the surest ways to achieve immortality – think Tim Wu’s first use of “network neutrality” in a 2003 journal article or Justice … Continue reading
Should a Court Erase a Prosecutor’s Name from an Opinion about Brady Violations?
I was perusing recent opinions from the courts of appeal for possible blog post ideas when I came across an odd-looking errata sheet. Here’s an excerpt: That’s odd, I thought. I took a look at the original opinion in the … Continue reading
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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