United States DC Circuit

In litigation involving repeated attempts to use the Freedom of Information Act to obtain government documents allegedly wrongfully withheld under Brady v. Maryland, 373 U.S. 83 (1963) during appelant's criminal conviction, summary judgment for appellees is affirmed where: 1) appellant is collaterally estopped from pursuing one of the requested documents; and 2) the remaining requested documents were properly withheld by the government under exemptions to FOIA.

Appellate Information

• Argued 12/14/2006
• Decided 06/01/2007
• Published 06/01/2007

Judges

• Before:  ROGERS, BROWN and GRIFFITH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Edwin E. Huddleson, III, argued the cause and filed the briefs for appellants., Norman J. Chachkin, Michael S. Fried, and Arthur B. Spitzer were on the brief for amici curiae American Civil Liberties Union of the National Capital Area, et al. in support of appellants.


• For Appellees:
  
• Alan Burch, Assistant U.S. Attorney, argued the cause for appellee United States Department of Justice, et al.   On the brief were Jeffrey A. Taylor, U.S. Attorney, and R. Craig Lawrence and Kathleen M. Konopka, Assistant U.S. Attorneys.  Claire M. Whitaker and Michael J. Ryan, Assistant U.S. Attorneys, entered appearances., Richard J. Osterman, Jr., Assistant General Counsel, Federal Deposit Insurance Corporation, and Lawrence H. Richmond and Kathleen V. Gunning, Counsel, were on the brief for appellee Federal Deposit Insurance Corporation.  Colleen J. Boles, Senior Counsel, and Jack D. Smith, Jr. and Jaclyn C. Taner, Counsel, entered appearances.