· 5/31/2002
United States v. Gregory Golyansky Leonid Golyansky Dmitriy Baravik Almaz Corporation, Doing Business as Abc Loan Company
Citations
- 291 F.3d 1245
- 2002 U.S. App. LEXIS 10561
- 2002 WL 1155383
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 district court should consider (1) the reasons the government delayed producing requested materials, including whether the government acted in bad faith; (2) the extent of prejudice to the defendant as a result of the delay; and (3
- explaining that late productions can cause “unfair surprise”
- explaining that late productions can cause “unfair surprise”
- listing these factors for a trial court to consider in selecting a sanction for the government’s discovery violation: (1) the reasons for the government’s actions, including whether it acted intentionally or in bad faith; (2) the degree of prejudice; and (3
- “To support a finding of prejudice, the court must determine that the [discovery disclosure] delay impacted the defendant’s ability to prepare or present its case.”
- “potential Brady/Giglio information” held to include information regarding a “witness’ serious mental health issues” triggering prosecutor’s “affirmative duty to disclose the information”
Source: CourtListener parenthetical corpus (CC0).
Judges: Briscoe, Baldock, Alley
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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