Discovery issues.

July 1, 2009

There’s at least one federal judge who likes to enforce discovery where the prosecution has a – in my words – self executing duty to produce.

Federal Judge Questions Prosecution Conduct in Ye Gon Case.

“This is the second time in less than three months in a high profile case where the Department of Justice has come before this court and asked it to dismiss an indictment after allegations that Brady-Giglio information was not timely produced to the defense,” Sullivan said today.

At one point during his remarks Sullivan quoted from the U.S. Attorney’s Office manual when he spoke about the prosecution’s obligation to err on the side of disclosing exculpatory material.

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