Brief of Amici Curiae Electronic Privacy Information Center, Electronic Frontier Foundation, and National Association of Criminal Defense Lawyers in support of Defendant-Appellant.
Argument: In this case of first impression, appellant argues that information about the technology and procedures underlying a facial recognition search must be disclosed to the defendant to cure the risk of misidentification and in accordance with Brady v. Maryland, even if the result of the search was used only investigatively, subject to later corroboration, and not admitted into evidence. The amicus brief explains the numerous opportunities for error present in the facial recognition process, and how error in that process determines the course of the investigation and results in racially disparate and otherwise wrongful arrests. NACDL’s Fourth Amendment Center has been working to better understand how defendants’ due process rights are impacted by the growing use of facial recognition technology and to equip defense attorneys with the knowledge and tools to combat resulting Brady violations.
Case materials from the Foreign Corrupt Practices Act (FCPA) prosecution of Lindsey Manufacturing, United States v. Enrique Faustino Aguilar, et al., No. CR 10-1031-AHM.
Argument: Lindsey Manufacturing was the first company to be tried and convicted of FCPA violations. A jury in the Central District of California found the company, a privately held manufacturer for electrical transmission and related products, guilty of one count of conspiracy to violate the FCPA and five counts of FCPA violations in May 2011 for its alleged involvement in making payments to a Mexican state-owned utility company. In December 2011, a U.S. District Court Judge, A. Howard Matz, ruled that the prosecution had engaged in blatant misconduct and committed egregious Brady violations. The convictions were vacated and the indictment was dismissed. In May 2012 the Department of Justice voluntarily dismissed the case.
"Government Dismisses Lindsey Manufacturing Case Appeal," White Collar Crime Prof Blog, May 25, 2012.
"Judge Dismisses Landmark Bribery Conviction, Rips DOJ," The Wall Street Journal, December 1, 2011. [Related story on Government’s appeal]
"Lindsey Manufacturing Defendants Convicted On All Counts," Wall Street Journal Law Blog, May 10, 2011.
"Lindsey Case: Judge Issues Written Ruling on 'Foreign Official,'" The FCPA Blog, April 21, 2011. [Related coverage and analysis from The FCPA Blog and FCPA Professor]
"Historic Test For FCPA In Lindsey Trial," The FCPA Blog, April 1, 2011.
Amicus curiae brief of the National Association of Criminal Defense Lawyers.
Argument: The Louisiana Supreme Court erred in failing to grant post-conviction relief where the prosecution suppressed a clutch of exculpatory and impeachment evidence and the confession of another suspect where the petitioner’s conviction hung on a single eyewitness and there was no physical evidence linking him to the crime. The cumulative effect of the Brady/Napue/Giglio violations sufficiently undermine confidence in the jury’s verdict as to warrant a new trial.