· 7/26/2004
United States v. Edgar Rivas
Citations
- 377 F.3d 195
- 2004 U.S. App. LEXIS 15392
- 2004 WL 1658368
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the government violated its Brady obligations by failing timely to disclose a statement that was consistent with both (a) the government’s theory that a package of drugs belonged to the defendant, and (b) the defense’s theory that the package belonged to someone else
- explaining that defendant \should have had the opportunity to bolster the defense theory\ with suppressed evidence
- holding impeachment evidence was subject to Brady though it had “an inculpatory and an exculpatory effect”
- finding exculpatory evidence material where it \might well have been viewed by the jury as a critical piece of evidence supporting the defense theory\
- “Impeachment evidence is evidence having the potential to alter the jury’s assessment of the credibility of a significant prosecution witness.”
- standard of review for motion for new trial is abuse of discretion
Source: CourtListener parenthetical corpus (CC0).
Judges: Newman, Calabresi, Sotomayor
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.