BLOG BULLET Think about legislative and rule proposals as well. NOW THE BLOG: Oh, the wonderful Internet and thank God the days of vellum, papyrus, and stone tablets are long gone. I went out to search the Internet for additional support for the Brady standard discussed in my post last week, and it reminded me […]

BLOG BULLETS: Post-conviction appellate Brady standard “materiality” requirement is prejudice requirement that doesn’t apply pretrial. Pretrial Brady standard should be just any evidence that tends to help the defense, as explained by district courts cited with approval by the Ninth Circuit. Get court orders because government doesn’t agree with and use this standard. NOW THE […]

BLOG BULLETS: You’re entitled to discovery on experts even if the expert didn’t prepare a report That discovery should include a summary of the expert’s opinions and the reasons for his or her opinions The government doesn’t always – even usually doesn’t – remember its obligations under this rule NOW THE BLOG: In this and […]

BLOG BULLETS: Good news: Most California drug convictions don’t qualify for federal drug conviction enhancements under the “categorical approach.” Bad news: The government may be able to get you under the “modified categorical approach.” But the government may not be able to do that in your case, so put them to the test. NOW THE […]