United States v. Quinn

Brief on rehearing en banc for Amicus curiae brief of the National Association of Criminal Defense Lawyers in support of appellant. 

Brief filed: 12/03/2012

Documents

United States v. Quinn

3rd Circuit Court of Appeals; Case No. 11-1733

Prior Decision

Case below Crim. No. 2-09-cr-00720-002 (E.D. Pa. May 17, 2011).

Question Presented

“Whether government speculation that a witness might commit perjury can override the defendant’s constitutional right of access to evidence that could contribute to the establishment of reasonable doubt?” And “[w]hether the Court should clarify the definition of ‘exculpatory and essential’ evidence described in United States v. Smith to include evidence that could contribute substantially to raising a reasonable doubt?” (Br. at 2.)

Argument(s)

The district court’s denial of Appellant’s motion to compel the testimony of co-defendant, which if granted could have conferred judicial immunity for that testimony was reversible error. “Government speculation that a witness might commit perjury cannot override the defendant’s constitutional right of access to evidence that could contribute to the establishment of reasonable doubt.” (Br. at 3-11.) “In reaffirming the defendant’s right to compel witness testimony, the court should make clear that ‘exculpatory and essential’ evidence is evidence that could contribute substantially to raising a reasonable doubt.” (Br. at 11-15.)

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Author(s)

Ellen C. Brotman and Erin C. Dougherty, Montgomery McCracken, Philadelphia, PA; Jenny Carroll, Seton Hall University School of Law, Newark, NJ.

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