United States v. Stillwell, No. 18-3074 (2d Cir. 2021)
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Defendants Stillwell, Samia, and Hunter appealed their convictions for murder-for-hire and related crimes. Long after defendants filed their appeals, the NDDS filed a notice in the Second Circuit, advising the court that the district court had entered a sealed protective order upon the filing of an ex parte motion by the NDDS, which barred prosecutors in the U.S. Attorney's Office for the Southern District of New York and defense counsel from reviewing certain documents. The court later vacated the protective order and ordered disclosure of the material to the U.S. Attorney and then to defense counsel pursuant to Brady v. Maryland, 373 U.S. 83 (1963), Giglio v. United States, 405 U.S. 150 (1972), and related authorities.
In this appeal, defendants claim that the prosecution withheld exculpatory information in violation of Brady. The court declined to consider, let alone resolve, defendants' Brady claims, which are raised for the first time on appeal. Therefore, the court remanded for the district court to consider the claims in the first instance.
The court issued a subsequent related opinion or order on April 20, 2022.
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