Leaked DOJ Memos Shed Light on Discovery Practices!

OK, "leaked" is perhaps a loaded and inaccurate—and yet, entertaining—way of describing this post from the DOJ's Justice blog announcing the release of memos providing guidance to prosecutors on discovery practices:

Last year, the Department of Justice convened a working group to explore the Department’s policies, practices, and training related to criminal case management and discovery. The group is made up of senior prosecutors from throughout the Department and from United States’ Attorney Offices, law enforcement representatives, and information technology professionals.

Today, in response to recommendations from this group, the Deputy Attorney General issued three memoranda regarding criminal discovery practices including a memorandum to all prosecutors containing guidance regarding criminal discovery that prosecutors should follow to help assure that they meet discovery obligations in future cases.

The three memos, should you care to read them, are:

• Issuance of Guidance and Summary of Actions Taken in Response to the Report of the Department of Justice Criminal Discovery andCase Management Working Group
• Requirement for Office Discovery Policies in Criminal Matters
• Guidance for Prosecutors Regarding Criminal Discovery

Links via Sentencing Law & Policy.

UPDATE: Over at the White Collar Crime Prof Blog, Ellen Podgor is critical of the memos.

Cert Grant Involving Brady Violations

As SCOTUSblog reports, the Supreme Court granted cert today in a case that may further outline the scope of a prosecutor's discovery obligations under Brady v. Maryland:

The new case on prosecutorial immunity (Van De Kamp, et al., v. Goldstein, 07-854) does not involve line prosecutors. Rather, it tests whether supervisory officials in the chain of command on prosecution may be sued for damages for failure to develop policies to ensure that evidence favorable to the defense is shared with defense counsel. Basicially, the appeal by two former Los Angeles officials — a district attorney and his chief deputy – seeks immunity for all actions within a prosecution team that relate to the obligations imposed by the 1963 Supreme Court decision in Brady v. Maryland.

SCOTUSblog has also collected cert-stage filings in the case here.