Federal Defenders of New York Second Circuit Blog

Brady

Circuit affirms denial of Rule 33 motion on Brady grounds, finding lack of prejudice, but expresses “skepticism” that DOJ’s Narcotic and Dangerous Drug Section was not “part of the prosecution team” in “unusual case”

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When multiple law enforcement agencies or subdivisions are involved in a case, who is “part of the prosecution team” for Brady purposes? In United States v. Hunter, Nos. 18-3074, 18-3489, & 19-790 (2d Cir. Apr. 20, 2022) (C.J.J. Cabranes, Raggi, and Korman (sitting by designation)), the Circuit affirmed the district court’s denial of Rule 33 motions … Read more

A Reminder to Request Complaints Against Police Officers

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As Judge McMahon recently reminded in Fraser v. City of New York, 2021 WL 1338795 (S.D.N.Y. Apr. 9, 2021), defendants in criminal cases should always ask the government to comply with its multiple obligations under Brady v. Maryland, 373 U.S. 83 (1963), by turning over all complaints against police officers involved in the case. Jawaun … Read more

Second Circuit Reverses Conviction and Reassigns Case Concerning Brady Violations, CJA Resources, and More

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Though upstaged by Dimaya, the Second Circuit issued a remarkable summary order yesterday–one that calls attention to potential Brady violations in the EDNY, and to the CJA resources necessary to detect such violations. See United States v. Djibo, No. 16-3956 (2d Cir. 2018) (Sack, Hall, Droney) (appeal from Johnson, J, EDNY). In Djibo, the Circuit vacated the denial … Read more

Second Circuit Updates – July 15, 2016

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The Record of the Psychiatric Evaluation of a Rape Complainant was Material Under Brady and State Court’s Ruling to the Contrary was Unreasonable Application of the Kyles standard. (Full disclosure: Colleen Cassidy, today’s blogger, briefed and argued this case) In Fuentes v. Griffin, Docket NO. 14 – 3878, the Second Circuit (KEARSE, J.), held that … Read more

Brady Violation Allows Defendants to “Squawk” Away

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United Statesv v. Mahaffy, No. 09-5349-cr (2d Cir. August 2, 2012) (McLaughlin, Parker, Wesley, CJJ)  This, the court’s most recent Brady decision, presents a truly shocking instance of prosecutorial misconduct. Factual Background The Brady violation was here was  straightforward: the defendants were employees of brokerage houses and a day trading firm called A.B. Watley, accused … Read more

Mea Exculpa

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United States v. Spadoni, No. 06-4970-cr (2d Cir. September 25, 2008) (Pooler, Hall, CJJ, Gleeson, DJ) Here, the defendant successfully argued that the government’s suppression of exculpatory and impeachment material warranted a new trial. Background Spadoni was the general counsel for an investment firm, Triumph, that did business with the State of Connecticut. He was … Read more

Government’s “Question[able],” “Troub[ling]” and “Disingenous” Conduct Results in an Affirmance. Huh?

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United States v. Blech, No 05-3600-cr (2d Cir. April 23, 2008) (Sotomayor, Parker, Hall, CJJ). Two defendants who were convicted of securities and related frauds appealed on the ground that their cases were misjoined, and one advanced a Brady claim. The court affirmed, but only out of apparent deference to the district court’s findings under … Read more