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Second Circuit – Preclusion: United States v. Bradley
Daily Record Staff//August 8, 2024//
United States Court of Appeals for the Second Circuit
Preclusion
Disclosure obligations – Eve of trial
22-1207
Judges Sack and Perez
Background: The defendants were charged with wire fraud and conspiracy to commit wire fraud in connection with the defendant’s campaign for Connecticut state senator. A 13-minute video was provided to the government, which was timely provided to the defendants. However, an unknown 28-minute video was discovered less than one week before the commencement of the trial. The government appealed from a determination that the government violated its disclosure obligations and precluded the video.
Ruling: The Second Circuit reversed. The court found that the government did not have the 28-minute video in its possession, custody, or control until the eve of trial.
Jonathan N. Francis, assistant United States attorney, Alexander T. Tauves and Daniel Erwin, assistant Federal defender, for the defendants-appellees.
Case Digests
- Fourth Department – Collateral estoppel: Busch v. County of Erie, et al.
- Court of Appeals – Best evidence rule: People v. Coggins
- Fourth Department – Unlawful inventory search: People v. Boatwright
- Second Circuit – Fossil-fuel powered appliances: Assoc. of Contracting Plumbers v. CNY; Mulhem Gas Co., v. Mosley
- Fourth Department – Dismissal of the indictment: People v. Anderson
- Fourth Department – Municipal liability: Battey v. Village of Youngstown
- Fourth Department – Notice of claim: Cindy W. v. Waterloo Central School Dist.
- Court of Appeals – Hateful Conduct Law: Volokh, et al. v. James
- Second Circuit – Free Exercise: Miller v. McDonald
- Court of Appeals – Recording police activity: Reyes v. City of New York
- Second Circuit – Tax liens and levies: Besicorp v. Commissioner of Internal Revenue
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- Rochester attorney Donald O. Chesworth Jr. has died
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- Greece man accused of stealing from class-action settlement funds
- NY AG investigating Schuyler County death involving DOCCS officer
- Rochester man files suit over ‘warning notice’ from ICE
- Lawsuit dismissed in Rochester police chase car crash
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