context: Neither the Supreme Court nor the Second Circuit has ruled directly on whether a there is a meaningful distinction between "exculpatory Brady" and "impeachment Brady " materials for purposes relating to the timing such information must be disclosed. Several other courts have discussed the issue at hand, which often arises in the context of a potential, if not inherent, conflict between the Government's obligations to disclose under Brady and the Government's right to delay disclosure of certain information pursuant to the Jencks Act. Those cases suggest that the court has some discretion with respect to directing the timing of such disclosure.
citation_a.signal: but see
citation_a.parenthetical: it is sufficient for the Government to disclose Brady impeachment materials along with [Jencks Act] materials
citation_a.sentence: United States v. Campagnuolo, 592 F.2d 852 (5th Cir.1979) (the court interpreted Brady to require disclosure “at the appropriate” time, which often is prior to trial); United States v. Perez, 870 F.2d 1222 (7th Cir.1989) (the Government’s delay in disclosing Brady material violates due process only if the delay prevented the defendant from receiving a fair trial); United States v. Ziperstein, 601 F.2d 281 (7th Cir.1979) (a defendant receives a fair trial, notwithstanding delayed disclosure of Brady material, as long as disclosure is made before it is too late for the defendant to make use of any benefits of the evidence); but see United States v. Wilson, 565 F.Supp. 1416 (S.D.N.Y.1983) (impeachment material need not be produced prior to trial); United States v. Biaggi, 675 F.Supp. 790 (S.D.N.Y.1987) (information bearing on a witness’ credibility may be turned over at the same time as [Jencks Act] materials); United States v. Feldman, 731 F.Supp. 1189 (S.D.N.Y.1990) (it is sufficient for the Government to disclose Brady impeachment materials along with [Jencks Act] materials).
citation_b.signal: no signal
citation_b.parenthetical: a defendant receives a fair trial, notwithstanding delayed disclosure of Brady material, as long as disclosure is made before it is too late for the defendant to make use of any benefits of the evidence
citation_b.sentence: United States v. Campagnuolo, 592 F.2d 852 (5th Cir.1979) (the court interpreted Brady to require disclosure “at the appropriate” time, which often is prior to trial); United States v. Perez, 870 F.2d 1222 (7th Cir.1989) (the Government’s delay in disclosing Brady material violates due process only if the delay prevented the defendant from receiving a fair trial); United States v. Ziperstein, 601 F.2d 281 (7th Cir.1979) (a defendant receives a fair trial, notwithstanding delayed disclosure of Brady material, as long as disclosure is made before it is too late for the defendant to make use of any benefits of the evidence); but see United States v. Wilson, 565 F.Supp. 1416 (S.D.N.Y.1983) (impeachment material need not be produced prior to trial); United States v. Biaggi, 675 F.Supp. 790 (S.D.N.Y.1987) (information bearing on a witness’ credibility may be turned over at the same time as [Jencks Act] materials); United States v. Feldman, 731 F.Supp. 1189 (S.D.N.Y.1990) (it is sufficient for the Government to disclose Brady impeachment materials along with [Jencks Act] materials).