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Brady Violation and Abuse of Discretion

By: Derek Hawkins//September 15, 2017//

Brady Violation and Abuse of Discretion

By: Derek Hawkins//September 15, 2017//

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7th Circuit Court of Appeals

Case Name: United States of America v. Antonio Walter, et al.

Case No.: 16-1209 & 16-1325

Officials: WOOD, Chief Judge, and BAUER and HAMILTON, Circuit Judges.

Focus: Brady Violation and Abuse of Discretion

The obligation of the prosecution to turn over any favorable evidence to the defendant, first announced in Brady, is one aspect of the due process right. Appellants Antonio Walter and Kenneth Bell assert in this appeal that the prosecution failed to live up to its Brady obligations. They also argue that the district court abused its discretion under Federal Rule of Evidence 404(b) by admitting, over objection, evidence of Bell’s prior drug sales. Even granting that there may have been a Rule 404(b) error, it is a close question whether it was harmless, especially for Walter. In the end, however, this does not matter, because we conclude that the Brady error requires a new trial for both defendants.

Vacated and Remanded

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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