United States First Circuit

In interlocutory appeals in two unrelated criminal cases, the district court's orders excluding cooperating witnesses from testifying at trial in concluding that the government had failed to meet its disclosure obligations under Brady v. Maryland, is reversed, vacated and remanded where: 1) with respect to the case involving an indictment of defendant for being a felon in possession of a firearm, the district court's approach shifted from the government to the defendant the primary authority to assess whether material in the government's possession must be disclosed, and in so doing endorsed a broad rule of discovery in criminal cases, and Brady permits neither; and 2) with respect to the case involving cocaine related charges, the court erred both in its disclosure ruling and to the extent that it agreed to conduct an in camera review of certain cooperator-related materials.

Appellate Information

• Decided 01/13/2011
• Published 01/13/2011

Judges

• HOWARD

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Cynthia A. Young, Bernard Grossberg