Ninth Circuit affirms district court's dismissal of indictment against CW client, based on flagrant Brady violations

August 2020

On December 20, 2017, nearly two months into a federal criminal trial, a Nevada federal judge dismissed the case against cattleman Cliven Bundy and his sons with prejudice, finding that the prosecution committed multiple Brady violations by suppressing plainly exculpatory evidence in the custody of several investigating agencies assisting in the prosecution. On August 6, 2020, the Ninth Circuit affirmed the dismissal in a groundbreaking published opinion, saying prosecutors' misconduct was "flagrant," even if unintentional. CW partner Alyssa Bell, who represented Ryan Bundy on appeal, said in a statement: "The Ninth Circuit issued a historic decision today, one that sends a strong message nationwide that exculpatory evidence must be turned over to the accused if he or she is to receive a fair trial. We are thrilled with this righteous and amply justified decision." For further reading, click here.