Published on: Friday, July 21, 2023

Remember that "it depends" about prosecutors not turning over potentially exculpatory evidence from the Fourth Circuit? Well, that also applies for evidence useful for impeaching government witnesses. And for this defendant in the Seventh Circuit, "it depends" means "no," so he's stuck with 156 months for intent to deal meth. But if it's any consolation for the defendant in prison, the judges find the prosecutors failure to disclose "clear[ly]" constitutionally required evidence "very unsettling" and "deeply troubles" them. 

The case is United States v. Bicknell, No. 22-2268 (7th Cir. July 19, 2023).