DueProcess Privacy JusticiabilityDoctri
Whether the lower courts erred in finding that the Government's late disclosure of exculpatory and impeaching information did not prejudice the defendants under Brady
QUESTIONS PRESENTED I. Whether this Court should grant certiorari to determine whether the lower courts erred in finding that the Government’s very late disclosure of extensive exculpatory and impeaching information — including its knowledge about a letter that its key witness had reportedly written, outlining his plans to lie against the co-defendants at trial — did not prejudice these Defendants under Brady and its progeny? I. Whether this Court should grant certiorari to determine whether the lower courts erred in refusing to sever Mr. Mason’s trial from that of co-defendant Andrea Miller, where these defendants’ alleged criminal activities did not involve common acts or transactions, and even after a juror’s written note demonstrated clear spillover prejudice, with that juror (later the foreperson) plainly confused and attributing criminal conduct presented only against Ms. Miller to Mr. Mason? i