If you are looking for something to read, check out this opinion by Judge Marcus, which came out just before the storm. The government finds critical evidence -- a video of the crime -- and discloses it on the morning of trial. The defense moves for a continuance. The government does not object. The district judge decides to go forward with the case. Conviction affirmed because the court says that the defense cannot show prejudice. To me, this is simply wrong:
After closely reviewing the entire record, we cannot say that the trial court abused its discretion in denying Jeri’s motion for a new trial. Although we think it would have been wiser to allow Jeri time to view the video before starting the trial, the tape was not exculpatory and Jeri has not come close to establishing specific and substantial prejudice from this omission. We can discern no other errors in this record, and, therefore, affirm the judgment of the district court.What effect will "wiser" have on district courts?