Digest of Favorite Brady or Prosecutorial Misconduct Cases from Federal Circuit Courts
Click here for a digest of federal cases from the past 15 or so years in which the courts have reversed or dismissed cases for prosecutorial misconduct and/or Brady violations. Mr. Lewis has also included in the digest a number of additional federal cases in which courts recognized that dismissal in an appropriate remedy for egregious prosecutorial misconduct.
One of our favorites remains Kohring, in which Ninth Circuit Judges Thomas and Tashima reversed a conviction for Brady violations and rejected and reversed District Judge John Sedwick’s determination that the evidence was not “material” to the defense. Judge Betty Fletcher wrote separately because the prosecution’s “egregious violations of [its] basic responsibilities” and “unrepentant attitude indicates that no lesser remedial action would be effective.”
There is also a significant collection of Brady cases in Ninth Circuit Chief Judge Kozinski’s potent dissent from the denial of rehearing in Olsen, about which we have blogged here, here and here as the Los Angeles Times, The New York Times, and the Washington Post picked it up.