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Nifong Awards Go To: Greg Damm and Kimberly Frayn

In United States v. Chapman, (opinion here; via Volokh) a unanimous three-judge panel of the Ninth Circuit Court of Appeals, in an opinion joined by ultra-conservative judge Diarmuid F. O'Scannlain, concluded that gross prosecutorial misconduct occurred in a federal trial:The government egregiously failed to meet its constitutional obligations under Brady and Giglio. It failed to even make inquiry as to conviction records, plea bargains, and other discoverable materials concerning key witnesses until after trial began. It repeatedly misrepresented to the district court that all such documents had been disclosed prior to trial. The government did not admit to the court that it failed to disclose Brady/Giglio material until after many of the key witnesses had testified and been released...continue to full post

Full post as published by Crime & Federalism on May 06, 2008 (boomark / email).