Thursday, May 03, 2007

CRIMINAL LAW & PROCEDURE, EDUCATION LAW, EVIDENCE, INDIAN LAW

US v. Velarde, No. 06-2126
In proceedings following defendant's conviction for sexually abusing a minor within Indian country, denial of his motion for a new trial under Rule 33(b) of the Federal Rules of Criminal Procedure based on a Brady claim is reversed where the district court erred in holding that suppressed evidence was immaterial without first either resolving a disputed question regarding whether the government suppressed information regarding the victim's supposed false accusations at school or allowing discovery to determine the nature and veracity of her supposed accusations against her teacher and vice principal.

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