United States Ninth Circuit

Dismissal of an indictment against defendants after the prosecution admitted that it had failed to meet its obligations to disclose over 650 pages of documents to the defense is affirmed where: 1) the Double Jeopardy Clause did not bar the government's appeal under the circumstances; but 2) the district court did not abuse its discretion in dismissing the indictment as the government egregiously failed to meet its constitutional obligations under Brady and Giglio, and committed flagrant prosecutorial misconduct justifying dismissal; and 3) further, there was no abuse of discretion in finding that a retrial would substantially prejudice defendants.

Appellate Information

• Argued 08/13/2007
• Decided 05/06/2008
• Published 05/06/2008

Judges

• WARDLAW, Circuit Judge:, Before: DIARMUID F. O'SCANNLAIN, HAWKINS, and KIM McLANE WARDLAW, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Steven W. Myhre, Acting United States Attorney;  Robert L. Ellman, Appellate Chief and Assistant United States Attorney, District of NV, for the government-appellant-cross-appellee., Daniel G. Chapman, Las Vegas, Nevada (pro se);  Sean P. Flanagan, Las Vegas, Nevada (pro se);  James L. Sanders, McDermott Will & Emery LLP, Los Angeles, CA;  and Maranda E. Fritz, Hinshaw & Culbertson LLP, New York, NY, for the defendants-appellees-cross-appellants.