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Discovery/Brady

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The Sean Combs Case: Pretrial Schedules Matter (A Lot)

The Sean Combs Case: Pretrial Schedules Matter (A Lot)

by Kropf Moseley Schmitt | Jan 10, 2025

By Sara Kropf The Sean “Diddy” Combs criminal case has garnered plenty of attention for its salacious allegations. Rather than parsing the RICO and other charges, however, I’m going to capitalize on the case to explain some of the nuts and bolts of pretrial practice...

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How Can Plea Agreements in White Collar Criminal Cases Be “Knowing” When the Government Does Not Disclose Exculpatory Evidence Under Brady?

How Can Plea Agreements in White Collar Criminal Cases Be “Knowing” When the Government Does Not Disclose Exculpatory Evidence Under Brady?

by Kropf Moseley Schmitt | Jan 9, 2024

By Sara Kropf When 98% of federal criminal cases are resolved by plea agreements, you may expect that courts would fiercely protect defendants’ constitutional rights during the plea bargaining stage. Nothing could be further from reality. In fact, the Supreme Court...

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Judges Should Stop Letting DOJ Get Away With Brady Violations

by Kropf Moseley Schmitt | Apr 20, 2022

By Sara Kropf If the Department of Justice has accused someone of a crime, it's no surprise that he can’t say, “aw, ya got me,” and walk away from the accusation. Au contraire. DOJ will prosecute that person to the fullest extent of the law and the whole process will...

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This Is Why Defense Lawyers Can’t Trust Prosecutors (The 1MDB Discovery Debacle)

by Kropf Moseley Schmitt | Feb 25, 2022

By Sara Kropf In a high-profile case in the Eastern District of New York, the Department of Justice has once again shown that it cannot be trusted when it comes to discovery. DOJ recently disclosed that it had failed to give 15,500 pages of emails from its star...

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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...

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SDNY Judge (Finally) Holds Prosecutors’ Feet to the Fire – Lessons Learned for Other Brady Cases

by Kropf Moseley Schmitt | Mar 3, 2021

By Sara Kropf A year ago, I wrote a post lamenting the fact that prosecutors get every benefit of the doubt when it comes to whether they committed intentional Brady violations. My point was that judges routinely credit weak evidence of a defendant’s state of mind in...

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Why Do Prosecutors Consistently Get the Benefit of the Doubt on Intent for Brady Violations?

by Kropf Moseley Schmitt | Feb 11, 2020

By Sara Kropf In most white-collar cases, intent is the key issue. The government generally has to prove that the defendant intentionally acted to break the law and it wasn’t simply a mistake or an oversight. Circumstantial evidence is enough to prove intent, and, at...

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Does the Government Have to Turn Over FBI 302s in Discovery?

by Kropf Moseley Schmitt | Oct 10, 2019

By: Sara Kropf The government usually turns over interview memos, or FBI 302s, during discovery in a criminal case. As I’ve written before, a 302 is a summary of a witness interview written by an FBI agent. It is in narrative form, sometimes has quotes in it (but more...

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Rule 17(c) Subpoenas – The Unfair Limits on a Defendant’s Ability to Prepare a Defense (Part 2)

by Kropf Moseley Schmitt | Jul 24, 2019

By: Sara Kropf In the first post on this topic, I described the basics of Rule 17(c) subpoenas. This post will offer some practical tips to convince a court to issue a subpoena to a third party to obtain documents for your defense. As we described in our earlier post,...

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The Department of Justice Should Drop the Inauguration Day Protest Cases

by Kropf Moseley Schmitt | Jun 11, 2018

By: Sara Kropf The Department of Justice has been humiliated in its misguided prosecution of over two hundred Inauguration Day protestors. It has lost every single case to go to trial. It has engaged in intentional violations of the rules. And it has cost taxpayers...

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