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Ninth Circuit Announces ‘Clear Error’ Review Applies to District Courts’ Factual Findings for Brady Challenges and Affirms District Court’s Mid-Trial Order Excluding Witness Testimony and Imposing Monetary Sanctions for Government’s Brady Violation
by Sam Rutherford
The U.S. Court of Appeals for the Ninth Circuit upheld the U.S. District Court for the District of Eastern Washington’s order excluding a key Government witness’ testimony and imposing monetary sanctions against the Government based on its failure to disclose to the defense evidence material …
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More from this issue:
- California Court of Appeal Announces Youthful Defendants Sentenced to Terms ‘Functionally Equivalent’ to LWOP Entitled to Resentencing Under § 1170(d), by Sam Rutherford
- Maryland Supreme Court Clarifies Process for Admitting Co-Conspirator’s Hearsay Statements During Police Interview Under ‘Declaration Against Penal Interest’ Exception, Trial Court Must ‘Parse’ Interview to Determine Admissibility of Each Statement, by Sam Rutherford
- Federal Habeas Corpus for State Prisoners: Proving Unreasonableness Under AEDPA, by Dale Chappell
- Ninth Circuit Announces ‘Hate Crime’ Sentence Enhancement Under Guidelines § 3A1.1(a) Requires Finding Defendant Motivated by Hate or Animus, by Sam Rutherford
- Surveilling the Harms of Electronic Monitors, by Michael Thompson
- The Murky Waters of Parole, by David Reutter
- Careful What You Search For, by Michael Thompson
- Study Highlights Limitations in Forensic DNA Analysis Involving Lower Genetic Diversity Groups, by Jo Ellen Nott
- Massachusetts Supreme Judicial Court Clarifies Trial Court Must Conduct Inquiry Whether Defendant Knowingly and Voluntarily Waived Right to Counsel at ‘Any Stage of a Case,’ Including Arraignment or Plea Hearing, by Sam Rutherford
- Ninth Circuit: Defense Counsel Ineffective for Failing to Move to Suppress Evidence Obtained as a Result of Police Officer Trespassing on Curtilage of Defendant’s Home, by Sam Rutherford
- Ninth Circuit Announces California Assault With Deadly Weapon Conviction Not ‘Crime of Violence’ for Career Offender Enhancement Under Sentencing Guidelines, by Sam Rutherford
- New AI Tool Harnesses Microbiomes for Forensic and Medical Breakthroughs, by Jo Ellen Nott
- California Court of Appeal Strikes Prison Prior Enhancement for Invalid Predicate Offense Under § 1172.75 Despite Concurrently Served Valid Predicate, by Sam Rutherford
- Illinois Supreme Court Announces Odor of Burnt Cannabis Alone Is Insufficient to Establish Probable Cause for a Warrantless Vehicle Search, by Anthony Accurso
- First Step Act Linked to Modest Reductions in Time Served by Federal Prisoners, by Jo Ellen Nott
- Eleventh Circuit: Asylee’s Florida Convictions for Marijuana Possession and Lewd and Lascivious Battery Do Not Warrant Removal Under INA, by Sam Rutherford
- Minnesota Supreme Court Announces No Duty to Retreat When Using Reasonable Force in Defense of Another and Provides Framework for Analyzing Such Claims, by Douglas Ankney
- Mass Spectrometry Being Studied as Way to Analyze Overlapping or Weak Fingerprints, by Anthony Accurso
- Vermont Supreme Court Eliminates Year-and-a-Day Rule in Murder Prosecutions, by Sam Rutherford
- Chicago’s Police Body Cam Transparency, by Michael Thompson
- Ninth Circuit Announces ‘Clear Error’ Review Applies to District Courts’ Factual Findings for Brady Challenges and Affirms District Court’s Mid-Trial Order Excluding Witness Testimony and Imposing Monetary Sanctions for Government’s Brady Violation, by Sam Rutherford
- Colorado Bureau of Investigation Admits Over 1,000 Cases Affected by DNA Test Misconduct, by James Mills
- Federal Facial Recognition Technology Fails Again, by Michael Thompson
- Texas Court of Criminal Appeals Grants Habeas Relief in ‘Shaken Baby Syndrome’ Case, by Sam Rutherford
- News in Brief
- Seeking Justice for Two: The DNA Scandal That Shook a Community
More from Sam Rutherford:
- Ninth Circuit Affirms $3.84 Million Jury Verdict in Death of San Bernardino Jail Detainee from Acute Alcohol Withdrawal, March 1, 2026
- Shelby County DA Oversees Retesting After Forensic Analyst’s Dismissal for ‘Unethical Conduct’, July 1, 2025
- Self-Harming Wisconsin Prisoner Settles Failure-to-Protect Suit for $7,000, April 1, 2025
- SCOTUS Clarifies It Had Already Been ‘Clearly Established Federal Law’ in 2004 for Purposes of AEDPA That Evidence at Trial Can Be So Prejudicial as to Violate Due Process, March 15, 2025
- Ninth and Tenth Circuits Find Bivens Extension Orders Not Immediately Appealable, March 1, 2025
- New Mexico Corrections Department Continues Pattern of Abuse With Contract Medical Provider Wexford Health Sources, Feb. 15, 2025
- Hawai’i Supreme Court Reverses Murder Conviction for Prosecutorial Misconduct Based on Prosecution’s Improper Statements During Closing Arguments, Feb. 15, 2025
- Third Circuit Grants Habeas Relief to Prisoner on Confrontation Clause and Ineffective Assistance Claims Based on Trial Court Reading Entire Criminal Information Into the Record of Co-Conspirator Who Pleaded Guilty, Feb. 15, 2025
- Fourth Circuit Decision on Claim of Retaliation for Exercising First And Sixth Amendment Rights Highlights Police Corruption, Feb. 15, 2025
- Washington DOC Physician Assistant Surrenders Medical License in Wake of Malpractice Allegations, Feb. 15, 2025
More from these topics:
- Michigan Supreme Court Holds Miranda Waiver Invalid Where LSD-Intoxicated, Hospitalized Defendant Lacked Capacity to Understand Rights Read to Him, Aug. 1, 2026. New Trial/Judgment of Acquittal, Witnesses - Prior Statements/Testimony, Evidence - Failure to Disclose, Brady/Giglio/Jencks Act Issues, Exculpatory Evidence - Disclosure Obligations.
- Conviction Tossed for Former Alabama Prisoner Paroled After 42 Years, July 1, 2026. Sex Offender Registration, Wrongful Conviction, Forensic Sciences, Eyewitness Identification, Brady Rule violations.
- Illinois Supreme Court Announces Six-Element Jeffries Test Governs Self-Defense Jury Instructions in Cases Involving Force Against Police Officers, Rejecting Appellate Court Approaches That Either Created Separate Threshold Inquiry or Automatically Requir, Feb. 1, 2026. Excessive Force (Police), Abuse of Discretion Standard, Jury Instructions in Jury Room, Plain/Harmless Error, Factual Disputes/Findings.
- Iowa Supreme Court Announces Framework for Admissibility of Expert Testimony on Eyewitness Identification, Holding Generalized Testimony on Psychological Factors Ordinarily Should Be Admitted, Jan. 1, 2026. witness misidentification, Eyewitness Testimony, Lineups, Eyewitness Identification, Expert and Opinion Testimony.
- The Malleable Mind in the Courtroom: Why Confident Eyewitnesses Often Provide the Least Reliable Evidence, Oct. 15, 2025. Eyewitness Testimony, Fabrication of Evidence, Jury Views.
- News in Brief, July 1, 2025. Misconduct/Corruption, Pepper Spray/Tear Gas, Shootings, Dogs, Police--Excessive Force, Brady Violations, Home Search, Bribery/Extortion/Theft, Brady Rule violations, Perjury/Perjured Testimony.
- Florida Prisoner Returns to Custody After Overturned Conviction Reinstated, May 1, 2025. False Statements/Perjury, Resentencing, Witnesses - Prior Statements/Testimony, Effect of Vacatur, Brady/Giglio/Jencks Act Issues.
- Fifth Circuit: Sentence Enhancement for Maintaining Drug Premises Not Satisfied Solely by Defendant’s Single, Conclusory Statement That He ‘Maintained’ Premises When Record Shows Mere ‘Use’ of Premises, April 15, 2025. Premises Liability, Witnesses - Prior Statements/Testimony, Felony Drug Offense, Confessions and Statements of Defendant.
- Third Circuit Grants Habeas Relief to Prisoner on Confrontation Clause and Ineffective Assistance Claims Based on Trial Court Reading Entire Criminal Information Into the Record of Co-Conspirator Who Pleaded Guilty, Feb. 15, 2025. Habeas Corpus, Ineffective Assistance of Counsel, Exculpatory No Doctrine, Confrontation Clause/Rights, Witnesses - Prior Statements/Testimony, Plea Agreements/Guilty Pleas.
- Montana Supreme Court: Expert Witness Testimony Presented Via Two-Way Video Conferencing Technology Violates Confrontation Clause, Dec. 1, 2024. Eyewitness Testimony, Confrontation Clause/Rights, Confrontation Clause, Sentencing by Videoconferencing.





