United States Fourth Circuit

In the government's interlocutory appeal from a District Court's order excluding grand jury testimony from use at trial without having found prosecutorial misconduct or bad faith in the underlying grand jury proceeding, the order is: 1) vacated where the district court abused its discretion; and 2) remanded to allow the government to use the grand jury testimony or explain with specificity both the legal basis for its exclusion, and how its sanction is narrowly tailored to that concern.

Appellate Information

• Published 2016/10/26

Judges

• DUNCAN

Court

• United States Fourth Circuit

Counsel