Examples of Prosecutorial Misconduct

NEW! “Convicted ‘eco-terrorist’ freed amid claims FBI hid evidence,” The Sacramento Bee, January 8, 2015

Short Case Summaries:  The Human Cost of Brady Violations 

Compilation of Materials: Beyond Brady - National Seminar for Federal Defenders 

  • Attachment A - Judge Donald W. Molloy's Order in U.S. v. W.R. Grace, No. 05-07-M-DWM (D. Mont. April 28, 2009)
  • Attachment B - Judge Emmet G. Sullivan's Letter Proposing Amendments to the Federal Rules of Criminal Procedure (April 28, 2009)
  • Attachment C - Judge Mark Wolf's Order in U.S. v. Jones, No. 07-10289-MLW (D. Mass. May 18, 2009)
  • Attachment D - Judge Mark Wolf's Letter to Attorney General Eric Holder (April 28, 2009)
  • Attachment E - Pleadings and Order in U.S. v. Frank Colacuricio, Sr., et al. (W.D. Wash. 2010)

Prosecution of Lindsey Manufacturing 

Prosecution of Senator Ted Stevens and Related Special Prosecutor Investigation 

In re G. Paul Howes, Opinion Holding Disbarment an Appropriate Sanction for a AUSA's Misconduct No. 10-BG-938, 39 A.3d 1 (D.C. Cir. March 8, 2013)

U.S. v. Chapman, Opinion Affirming Dismissal for Prosecutorial Misconduct, No. 06-10316 (9th Cir. May 6, 2008)

U.S. v. Clemens, Defendant's Motion and Memorandum of Law to Prohibit Retrial and to Dismiss the Indictment, No. 10-223 (D.D.C. July 29, 2011)

U.S. v. Jones, Memorandum Discussing Prosecutorial Misconduct and Order for Training and Response on the Propriety of Sanctions, No. 07-10289 (D. Mass. May 18, 2009) (Judge Mark Wolf)

U.S. v. RuehleDismissal of Indictment, No. 08-00139-CJC (C.D. Cal. Dec. 15, 2009) (transcript of Judge Carney dismissing the indictment against Broadcom's Henry Nicholas III and William Ruehle)

U.S. v. Shaygan, Order on Defendant’s Motion for Sanctions Under Hyde Amendment, No. 08-20112-CR-Gold/McAliley (S.D. Fla. April 9, 2009) (Judge Alan S. Gold) 

U.S. v. Slough, Memorandum Opinion Granting the Defendants’ Motion to Dismiss the Indictment, No. 08-0360 (D.D.C. Dec. 31, 2009) (Judge Ricardo M. Urbina) (Blackwater Case)

U.S. v. W.R. Grace, Jury Instruction Given During Trial on Witness Bob Locke's Bias, No. CR 05-07-M-DWM (D. Mont. April 29, 2009) (Judge Donald W. Molloy)

UNGAGGED.NET - The Other Side Of The Enron Story (resources on the Enron Prosecutions)

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