Circuit Remands After Potential Brady Violation

Recently, the Second Circuit remanded a consolidated appeal of three cases to the district court to consider whether the government violated Brady such that new trials should be granted.  In United States v. Stillwell, Nos. 18-3074, 18-3489, and 19-790, the Second Circuit (Cabranes, Raggi, Korman by designation) declined to reach defendants' Brady claims based on evidence discovered while the cases were on appeal.  Nevertheless, the Court all but urged the defendants to file post-trial motions for a new trial on Brady grounds, and directed the district court to "expeditiously" resolve the forthcoming motions. 

Background

In April 2018, three hit men working for a South African crime boss were convicted of murder-for-hire and related crimes including conspiracy and kidnapping.  The defendant-Appellants, Carl Stillwell, Adam Samia, and Joseph Hunter, were each sentenced to life imprisonment in late 2018 and early 2019 in the Southern District of New York