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)
https://lawprofessors.typepad.com/whitecollarcrime_blog/2004/12/governments_bri.html