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United States v. Chapman
Ninth Circuit, 2008, with a related fee opinion in 2011
Indictment dismissed with prejudice after a mistrial. The dismissal was affirmed.
Court finding
During trial, the government produced hundreds of pages of previously undisclosed impeachment and witness material. The district court declared a mistrial and dismissed the indictment with prejudice.
The Ninth Circuit affirmed. It described the Brady and Giglio failures as flagrant prosecutorial misconduct and noted findings that the government had acted willfully and in bad faith in withholding impeachment material.
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