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TX: Fifth Circuit Takes DOJ’s Bait, Disfigures Brady and Due Process

TX: Fifth Circuit Takes DOJ’s Bait, Disfigures Brady and Due Process

by Bert | Nov 28, 2018 | Texas

After rehearing en banc the case of Alvarez v. The City of Brownsville, the Fifth Circuit Court of Appeals issued a disconcerting decision. If it was not bad enough that the Department of Justice was angling for an ultra-narrow understanding of prosecutors’ ethical...
TX: Discovery Better Late than Never? The Fifth Circuit Apparently Thinks So

TX: Discovery Better Late than Never? The Fifth Circuit Apparently Thinks So

by Bert | Jul 18, 2018 | Texas

If you have read any news about U.S. v. Swenson—a recent federal Fifth Circuit ruling—you saw that the district court judge made some sexist comments to the Government’s lawyers before dismissing the case. And, if you read the Fifth Circuit’s opinion, you may have...
TX: DOJ Argues for Narrow Interpretation of Brady Obligations in 5th Circuit; Several Organizations Take the Other Side

TX: DOJ Argues for Narrow Interpretation of Brady Obligations in 5th Circuit; Several Organizations Take the Other Side

by Bert | Feb 5, 2018 | Texas

Taking a page from the U.S. Supreme Court’s heinous playbook, a panel of the Fifth Circuit in June of 2017 reversed a $2 million judgment a jury awarded George Alvarez. In 2006, Mr. Alvarez pled guilty to assaulting a public servant—a charge levied against him by a...

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