United States v. Pasha, No. 13-3024 (D.C. Cir. 2015)
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Appellants, a criminal defense attorney and two legal investigators, were convicted in 2012 of breaching duties owed to the court by fabricating evidence and suborning perjury during a
2008 trial in which they represented another individual as defendant. In this appeal, appellants raise claims of prosecutorial misconduct. Two appellants raise claims under Brady v. Maryland, for reversal of their convictions based on the Government’s undisputed breach of its obligation to timely turn over exculpatory evidence. The court agreed with Appellant Daaiyah Pasha that but for the Brady deficiency, there is a reasonable probability of a different outcome in her case. Therefore, the court directed a new trial for Daaiyah Pasha, with appropriate remedies to cure the damage caused by the Government’s delayed disclosure. However, the court did not agree with Appellants Charles Daum and Iman Pasha on the challenges they raise, and so the court affirmed their convictions.
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