United States First Circuit

A new trial, based on newly discovered evidence and/or the government's violations of Brady v. Maryland, 373 U.S. 83, is improper absent a showing that the evidence was material and a determination that the defendant was prejudiced.

Appellate Information

• Decided 07/15/2002
• Published 07/15/2002

Judges

• Before BOUDIN, Chief Judge, BOWNES, Senior Circuit Judge, TORRUELLA, SELYA, LYNCH, LIPEZ and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• S. Theodore Merritt, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, Ralph F. Boyd, Jr., Assistant Attorney General, Civil Rights Division, Department of Justice, Mark L. Gross and Teresa Kwong, Department of Justice, were on supplemental brief for appellant.


• For Appellees:
  
• Saul M. Pilchen with whom Robert S. Bennett, Jonice Gray Tucker and Thomas J. Dougherty were on supplemental brief for appellee.