…al quotation marks omitted). 302 Bagley, 473 U.S. at 675 n.7 (citation and internal quotation marks omitted). DAVID SCHOEN 2007 Utah L. Rev. 861, *914 Page 38 of 78 Brady's requirements are incongruous with traditional discovery, as Brady d...
DAVID SCHOEN
Named in 197 passages across 65 documents.
Mentions of DAVID SCHOEN in the public Epstein records, with citations.
Being named in these documents is not an accusation or evidence of wrongdoing. This page reflects only what the public records literally contain, with citations to the original sources.
Where DAVID SCHOEN appears
197 total
nas designed to uncover documents relating to the mental health of a victim and various witnesses. 289 The court described the broad and speculative nature of the request directed toward a hospital, observing that the defense was ""hard- [*...
…(holding subpoena of Frank Sinatra, regarding ransom money, an oppressive and unreasonable use of the court). DAVID SCHOEN 2007 Utah L. Rev. 861, *912 Page 37 of 78 court's refusal to issue subpoenas designed to uncover documents relating t...
912] the Advisory Committee proposal might provide the defendant with license to conduct the very "fishing expedition" that Nixon forbids. The proposed Advisory Committee Note adds to this confusion. The Note indicates that in considering w...
…28 U.S.C. § 2072(b). 277 Proposed Amendments, supra note 71, R. 17(c)(3), at 7. 278 418 U.S. 683, 700 (1974). DAVID SCHOEN 2007 Utah L. Rev. 861, *911 Page 36 of 78 of trial and that failure to obtain such inspection may tend unreasonably t...
t's power to subpoena confidential material from a victim, thereby creating new rights for defendants at the expense of victims' rights under the [*911] CVRA. This violates the Rules Enabling Act, which provides that court-promulgated rules...
70 18 U.S.C. § 3771(b)(1) (emphasis added). DAVID SCHOEN 2007 Utah L. Rev. 861, *910 Page 35 of 78 crime victim to notice of that proceeding 271 and to an opportunity to attend that hearing, unless the victim's testimony would clearly be ma...
…d therefore the CVRA can not violate the Ex Post Facto Clause"). 270 18 U.S.C. § 3771(b)(1) (emphasis added). DAVID SCHOEN 2007 Utah L. Rev. 861, *910 Page 35 of 78 crime victim to notice of that proceeding 271 and to an opportunity to atte...
ld be heard and decided in secret … and hidden from the opposing party and the public." 264 The court went on to explain the constitutional difficulties presented by such an approach, given that the First Amendment creates a general public...
…See 42 Pa. Cons. Stat. § 5945.1(b) (2000) (upheld against constitutional attack in Wilson, 602 A.2d at 1297). DAVID SCHOEN 2007 Utah L. Rev. 861, *908 Page 34 of 78 for disclosing the fact of the subpoena to the victim, because of both ethi...
na would have to be directed to the victim herself - and the victim could then move to quash the subpoena. This is not some academic hypothetical, as rape counselors in Pennsylvania in the 1980s used precisely this procedure to protect thei...
er the Advisory Committee's proposal, a court could still decide to approve those subpoenas ex parte to prevent disclosure of some secret defense "strategy." But once the school and the hospital received the subpoenas, nothing would bar the...
….4(a) (2007); see also ABA Criminal Justice Study, Standard 4-4.3 (1993). 256 See Fed. R. Evid. 412(c)(1)(B). DAVID SCHOEN 2007 Utah L. Rev. 861, *907 Page 33 of 78 if it is the prosecution who subpoenas confidential victim information. Due...
ll not … use methods of obtaining evidence that violates the legal rights of … a [third] [*907] person." 255 When defense attorneys obtain ex parte subpoenas for a victim's confidential information, they may very well violate the rights of...
e procedures is to avoid forcing "premature disclosure of defense strategy to the government." 249 But when a victim's confidential information is at stake, some interest in concealing "strategy" from the opposing party can hardly be suffic...
…244 Id. 245 Id. 246 Id. 247 18 U.S.C. § 3771(a)(8) (2006). 248 See infra notes 347-351 and accompanying text. DAVID SCHOEN 2007 Utah L. Rev. 861, *906 Page 32 of 78 Subpoenas issued ex parte are plainly unfair to victims. When a victim's pe...
ith the victim, the victim would never trust a therapist again. 245 All this happened without any notice to the victim and without any opportunity to present arguments against disclosure of this sensitive information. 246 Allowing such subp...
…regory G. Skordas, attorney for Elizabeth Smart, to Judge Susan Bucklew (May 23, 2005) (on file with author). DAVID SCHOEN 2007 Utah L. Rev. 861, *904 Page 31 of 78 witness to whom the subpoena for documents or records is issued, 239 but th...
ocedural flaws in the Advisory Committee's proposal [*904] allowing ex parte subpoenas; and (3) the general lack of authority for subpoenas seeking crime victim information. (1) The Problem of Subpoenaing Confidential Victim Information The...
enaed material implicates the privacy and dignity interests of the victim. 233 Having seen the Advisory Committee proposal and accompanying note, I am concerned that the limits on subpoenas found in the United States Supreme Court's decisio...
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