Discovery Amicus

Brief in Support of Certiorari
U.S. Supreme Court

In this brief, we argued that blocking a criminal defendant from calling a witness–unless the defendant acted in bad faith–undermines fairness and increases the risk of wrongful convictions. Furthermore, excluding defense witnesses harms truth-seeking in the legal process and the prosecution’s structural advantages make innocent discovery missteps more inevitable for the defense.

We thank Richard W. Mark, Apratim Vidyarthi, Nabil Shaikh, and Anna F. Statz of Gibson, Dunn & Crutcher LLP for their pro bono work on this case