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*Note: Any opinions, findings, and conclusions or recommendations expressed in Clearinghouse material are those of the author(s) and do not necessarily reflect the views of The Constitution Project.

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Amicus Brief in Gathers v. U.S. (District of Columbia Court of Appeals)
Arguing that the trial court committed an error by placing the burden of proof on defendants Gathers and Mitchell, rather than on the government, to prove that there was no reasonable likelihood that false testimony affected their verdict. Federal courts are in agreement that when a prosecutor exploits false testimony, a defendant may raise the claim on appeal even if defense counsel was aware of the false evidence and could have objected during trial, therefore, amici argue that the defendants did not waive their claims.
Amicus Brief in Gathers v. U.S. (District of Columbia Court of Appeals)
Arguing that the trial court committed an error by placing the burden of proof on defendants Gathers and Mitchell, rather than on the government, to prove that there was no reasonable likelihood that false testimony affected their verdict. Federal courts are in agreement that when a prosecutor exploits false testimony, a defendant may raise the claim on appeal even if defense counsel was aware of the false evidence and could have objected during trial, therefore, amici argue that the defendants did not waive their claims.
Amicus Brief in Shaygan v. United States (U.S. Supreme Court, Cert. Stage)
Brief from former prosecutors in support of Shaygan arguing that court should grant cert to clarify that Hyde Amendment, which allows acquitted parties to recover attorneys' fees from the government when the position of the United States is in bad faith, allows for the recovery of attorneys' fees from the government when prosecutors intentionally withhold favorable evidence from prevailing defendants.
Amicus Brief in Shaygan v. United States (U.S. Supreme Court, Cert. Stage)
Brief from former prosecutors in support of Shaygan arguing that court should grant cert to clarify that Hyde Amendment, which allows acquitted parties to recover attorneys' fees from the government when the position of the United States is in bad faith, allows for the recovery of attorneys' fees from the government when prosecutors intentionally withhold favorable evidence from prevailing defendants.
Amicus Brief in Shaygan v. United States (U.S. Supreme Court, Cert. Stage)
Brief in support of Shaygan arguing that the Hyde Amendment, which allows acquitted parties to recover attorneys' fees from the government when the position of the United States is in bad faith, applies to all prosecutorial misconduct regardless of whether the initial prosecution was brought in bad faith.
Amicus Brief in Shaygan v. United States (U.S. Supreme Court, Cert. Stage)
Brief in support of Shaygan arguing that the Hyde Amendment, which allows acquitted parties to recover attorneys' fees from the government when the position of the United States is in bad faith, applies to all prosecutorial misconduct regardless of whether the initial prosecution was brought in bad faith.
Amicus Brief in Rubashkin v. United States (U.S. Supreme Court, Cert. Stage)
Former attorneys general, government officials, United States attorneys, and federal judges seeking review of Sholom Rubashkin's claim that he is entitled to a new trial based on newly discovered evidence of the original trial judge's conflict of interest, and that the sentence imposed, calculated based on federal sentencing guidelines, was unreasonably ling and represented a miscarriage of justice.
Amicus Brief in Rubashkin v. United States (U.S. Supreme Court, Cert. Stage)
Former attorneys general, government officials, United States attorneys, and federal judges seeking review of Sholom Rubashkin's claim that he is entitled to a new trial based on newly discovered evidence of the original trial judge's conflict of interest, and that the sentence imposed, calculated based on federal sentencing guidelines, was unreasonably ling and represented a miscarriage of justice.
Amicus Brief in United States v. Rubashkin (U.S. Court of Appeals for the Eighth Circuit)
Brief from Washington Legal Foundation, former prosecutors and judges urging court to reverse excessive prison sentence for Sholom Rubashkin, a first-time, non-violent offender.
Amicus Brief in United States v. Rubashkin (U.S. Court of Appeals for the Eighth Circuit)
Brief from Washington Legal Foundation, former prosecutors and judges urging court to reverse excessive prison sentence for Sholom Rubashkin, a first-time, non-violent offender.
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