AdministrativeLaw FifthAmendment DueProcess
Whether permitting a blanket claim of Fifth Amendment privilege and total exclusion of a confidential informant's testimony without independent inquiry is constitutional error and whether this Court should prescribe a uniform practice to be followed by all circuits
QUESTIONS PRESENTED 1. Whether permitting a blanket claim of Fifth Amendment privilege and total exclusion of a confidential informant’s testimony without independent inquiry is constitutional error and whether this Court should prescribe a uniform practice to be followed by all circuits. 2. Whether the First Circuit strayed too far from the rule in Brady v. Maryland when it failed to hold the government’s failure to disclose relevant and material cell phone toll records violated Brady and due process and where the government failed to show harmlessness beyond all reasonable doubt. 3. Whether improper arguments in the government’s closing violated the Fifth and Sixth Amendment. i