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Brief in Support of Appellant
5th Circuit Court of Appeals
What happens when the government uses its enforcement powers to threaten companies and individuals with potentially massive liability and then the courts refuse to hear cases unless the litigants are willing to incur the penalty as the price for bringing the challenge? The result is challenges are never brought and the litigants acquiesce to the government’s view of law. In this amicus brief, we examine the implication this has on the separation of powers, the judiciary’s own ability to decide what the law is, and prosecutorial overreach.
Filed with Cato Institute.
The Fifth Circuit ruled that the appellant’s case was barred by sovereign immunity. You can read the decision from December 21, 2022 here.
Brief in Support of Certiorari
U.S. Supreme Court
This amicus brief explores the question of whether prosecutors can knowingly use false testimony at trial to secure a conviction if they disclose enough other information to the defense counsel to uncover the false nature of the testimony.
Filed with National Association of Public Defense, Cato Institute, Innocence Project, and Americans for Prosperity Foundation.
Petition for certiorari denied December 15, 2020.
Due Process Institute also thanks Timothy O’Toole and Katherine Pappas for their amicus support on this matter.