In a dissent to the 9th Circuit’s refusal to rehear en banc the appeal in United States v. Olsen, Chief Judge Alex Kozinski, joined by Judges Pregerson, Reinhardt, Thomas and Watford, opens with this sentence:
There is an epidemic of Brady violations abroad in the land. Only judges can put a stop to it.
The opinion, which goes on for another 16 pages, just gets better and better. After struggling to find a way to excerpt it in order to add commentary, I realized that it was far more important to read Judge Kozinski than me, and so I demur to comment for now, and ask you to take the time to read the dissent. It is devastating. It is real. It touches on so many aspects of systemic failure that undermines the efficacy of our beloved system that it is absolutely worthy of your time to read.
Here is the original panel decision.
Update: The good news is that Judge Kopf, finished with his trial in beautiful Sioux Falls, has discovered Judge Kozinski’s dissent. The bad news is that he didn’t discover it here, but rather from Howard Bashman (who can’t be bothered with the criminal law blawgosphere). The good news is that Bashman linked to Radley Balko’s HuffPo post, which is good news since it gets this information out to a mainstream audience that would otherwise never see it.
I look forward to Judge Kopf thoughts on the dissent.