"Epidemic of Brady Violations" - 9th Circuit Chief Judge
Chief judge of the San Francisco-based 9th U.S. Circuit Court of Appeals
and considered a leading libertarian, Kozinski often rules in favor of
individual rights — making him a refreshing voice on the federal courts
which tend not only to be highly conservative on police powers but also
populated by a disproportionate number of former prosecutors. Kozinski’s
dissenting opinion this week in the case of Kenneth Olsen continues
that legacy and further puts the bias of the federal court in favor of
prosecutors into sharp relief. Kozinski opposed the denial of an en banc
rehearing with four of this colleagues in the case of Kenneth Olsen,
whose trial was marked by prosecutorial abuse. Kozinski began his
decision with the chilling but true observation that “There is an
epidemic of Brady violations abroad in the land. Only judges can put a
stop to it.”
complete blog post by Turley