302s

DOJ Says Incomplete 302s Resulted from an “Inadvertent Failure of Process”: The Irony(!) and the Uncurable Prejudice of a Retrial

by Kropf Moseley Schmitt | May 31, 2023

By Sara Kropf When a regular person does something wrong, the Department of Justice has no qualms about bringing criminal charges against him. When the Department of Justice does something wrong, well, it asks for a second chance. A few years ago, I wrote about...

Can Prosecutors Avoid Creating Brady Material in FBI-302 Interview Memos? DOJ Guidance Is Not Enough (Part 2)

by Kropf Moseley Schmitt | Jun 30, 2021

By Sara Kropf In the last post, I explored whether bad-actor prosecutors and agents can avoid creating Brady material in interview memos. If an agent doesn’t take notes documenting exculpatory statements made by a witness in a criminal investigation, and those...

Can Prosecutors Avoid Creating Brady Material in FBI-302 Interview Memos? Yes, They Can (Part 1)

by Kropf Moseley Schmitt | Jun 15, 2021

By Sara Kropf I’ve written before about the serious problem of prosecutors not disclosing Brady material to a defendant. (See here and here. Oh, and here too.) Failure to turn over exculpatory evidence is a serious constitutional violation. It’s also incredibly...

DOJ Says Incomplete 302s Resulted from an “Inadvertent Failure of Process”: The Irony(!) and the Uncurable Prejudice of a Retrial

Can Prosecutors Avoid Creating Brady Material in FBI-302 Interview Memos? DOJ Guidance Is Not Enough (Part 2)

Can Prosecutors Avoid Creating Brady Material in FBI-302 Interview Memos? Yes, They Can (Part 1)

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