A federal conviction just got conditionally vacated over evidence the defense says should have been disclosed before trial.
The defendant sought information about Border Patrol witnesses’ participation in a Facebook group where agents allegedly shared racist, sexist, and anti-migrant material.
The Ninth Circuit said the lower court hadn’t adequately determined whether those records contained impeachment evidence that could have affected the verdict.
So it reversed and sent the case back for further review under Brady and Rule 16.
-The Criminal Defense Brief