United States Ninth Circuit

Where a district court fails to conduct an in camera review of the probation files of significant witnesses pursuant to a timely defense request for Brady materials, the conviction will be vacated and the case remanded to conduct the review. If the files are found to contain material information bearing on the credibility of such witnesses, the information shall be released to the defense and a new trial ordered.

Appellate Information

• Argued 08/05/2003
• Decided 02/25/2004
• Published 02/25/2004

Judges

• RESTANI, Judge:, Before:  KOZINSKI and T.G. NELSON, Circuit Judges, and RESTANI, Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Pamela M. Katzenberg, Tucson, Arizona, S. Jonathan Young, Law Offices of Williamson & Young, P.C., Tucson, AZ, for the defendants-appellants., Paul K. Charlton, United States Attorney, Robert L. Miskell, Chief, Criminal Division, Christina M. Cabanillas, Deputy Chief, Appellate Section, Richard E. Gordon, Assistant U.S. Attorney, and James T. Lacey, Assistant U.S. Attorney, United States Attorney's Office for the District of Arizona, Tucson, AZ, for the plaintiff-appellee.