[aimhigh]

Full pdf decision at link.

[aimhigh]

BYBEE, Circuit Judge:
Cliven Bundy, two of his sons, Ryan and Ammon Bundy, and sixteen other persons were charged with obstructing federal law enforcement officials carrying out lawful court orders. The indictments followed a well-publicized effort by the Bureau of Land Management (BLM) to impound Cliven Bundy’s cattle for a twenty-year failure to pay federal grazing fees. Bundy and hundreds of armed supporters from around the United States forced federal officials to abandon the impoundment plan.

Fortunately, no one was injured in the confrontation. Days into the Bundys’ trial, the government began disclosing information in its possession that, under Brady v. Maryland, 373 U.S. 83 (1963), was arguably useful to the defense and should have been produced to the defendants well before trial. As additional documents came forth, the district court held a series of hearings, eventually deciding that the trial could not go forward and that the indictments must be dismissed with prejudice. Under Brady, “[t]he prosecution is trusted to turn over evidence to the defense because its interest ‘is not that it shall win a case, but that justice shall be done.’” Amado v. Gonzalez, 758 F.3d 1119, 1133–34 (9th Cir. 2014) (quoting Strickler v. Greene, 6 UNITED STATES V. BUNDY 527 U.S. 263, 281 (1999)).

A district court is imbued with discretion in the supervision of proceedings before it and may dismiss an action when, in its judgment, “the defendant suffers substantial prejudice and where no lesser remedial action is available.” United States v. Chapman, 524 F.3d 1073, 1087 (9th Cir. 2008) (citations and quotation marks omitted). Finding no abuse of discretion, we affirm the judgment of the district court.

[SuperLuminal]

Was that a herd of pigs flying past my window?

[bkopto]

More flagrant abuse from the DOJ.

The DOJ gang is worse than the mafia.

[Secret Agent Man]

i thought the feds shot one of the guys via sniper

claimed he fired first

[Political Junkie Too]

How will this influence the Flynn en banc proceedings?

Government misconduct, withholding of exculpatory information, dismissal of charges...

Same issues, different result?

-PJ

[SES1066]

The wrongful death (2016) of LaVoy Finicum lawsuit (the Oregon part of this mess) continues in Oregon.

[Seruzawa]

My wife’s cousin was a successful defense attorney in California. He could go on for hours about the easy convictions that were lost by the DAs and cops because of just plain stupidity and incompetence. Hiding evidence from the defense will get your case tossed every time.

[joshua c]

Was Weissmann involved? He loves to cheat.

[Seruzawa]

Unfortunately, good lawyers work for private firms or themselves. Bad ones work for the government.

[eyeamok]

the deliberate choices to withhold those documents were not cases of simple misjudgment

And this is the biggest problem we have with our legal system, every Lawyer Involved should be DISBARRED FOR LIFE and everyone else involved FIRED, Loss of All Pension and Benefits.

[M Kehoe]

Bttt.

5.56mm