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Indictment Dismissed, with Prejudice, for Discovery Violation

By Melody Evans and Kirk Redmond

Tried to think of a clever title for this blog, but few things get our attention like "dismissal" and "discovery violation." This is from Sady's 9th Circuit blog, "Can an AUSA's reckless disregard for his or her constitutional discovery obligations serve as a basis for a dismissal of an indictment -- with prejudice? Yep, after a great discovery decision last week by Judge Kim Wardlaw (left). United States v. Chapman __ F.3d __, 2008 WL 1946744 (9th Cir. May 6, 2008), decision available here.There is a lot in this opinion -- double jeopardy, manifest necessity of dismissal -- but here is the gem: A district court can exercise its supervisory powers and dismiss an indictment with prejudice even when the AUSA has committed no intentional discovery violation, if there is reckless disregard for the prosecution?s constitutional obligations...continue to full post

Full post as published by Kansas Federal Defender on May 12, 2008 (boomark / email).