Wednesday, December 29, 2004

Government's Brief in Martha Stewart Case

The November 3rd post has  Martha Stewart's Brief in her Appeal to the Second Circuit Court of Appeals.  On December 24 is posted her Reply Brief. Now, at last, a copy of the Government's Brief in the Martha Stewart case. It is a LONG  brief -  247 pages to be exact and the argument portion of the brief does not start until page 40.  There are nine points - which are outlined below:   

ARGUMENT:

POINT I—The District Court’s Evidentiary Rulings Should Be Affirmed

POINT II—The District Court Properly Instructed The Jury

POINT III—The Admission Of Each Defendant’s Statements To Investigators Against The Other Did Not Violate The Confrontation Clause

POINT IV—Bacanovic Was Not Entitled To A Severance

POINT V—Sufficient Evidence Supported The Jury’s Conviction Of Bacanovic On Count Two And The Jury Was Properly Instructed

POINT VI—The Jury Was Properly Instructed On Application Of The Two-Witness Rule

POINT VII—There Were No Grounds For An Evidentiary Hearing Into Alleged Juror Misconduct

POINT VIII—There Is No Reasonable Likelihood That Lawrence Stewart’s Perjury Affected The Judgment Of The Jury

POINT IX—The Potential Effect Of Blakely v. Washington On The Defendants’ Sentences

CONCLUSION

(esp)

http://lawprofessors.typepad.com/whitecollarcrime_blog/2004/12/governments_bri.html

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