Home -> Law Blog Directory -> Criminal Law Blogs -> Crime & Federalism

Criminal Law

: Crime & Federalism

Prosecutors Seek Mulligan in Zhenli Ye Gon Prosecution

Imagine you're a federal prosecutor.  You do not like the law that requires you to turn over evidence in your possession that is favorable to the defense - so called Brady material.  You devise an ingenius scheme.You won't hand over any Brady material.  If you finally get caught holding onto to the Brady material, and a judge threatens to dismiss your case as punishment, you have a card up your sleeve: You will simply dismiss the case without prejudice.  (In contrast to a dismissal with prejudice, a prosecutor who dismisses a case without prejudice may refile the case.)  After a few months, you will come up with a justification to refile the case.  Genius, isn't it?  It's not so genius when the judge you're gaming is U.S. District Court Judge Emmet Sullivan...continue to full post

Full post as published by Crime & Federalism on August 25, 2009 (boomark / email).