Shelton v. United States

I dissent from my colleagues’ decision to grant the government’s petition for rehearing by vacating the division opinion, Shelton v. United States, 983 A.2d 363 (D.C.2009) (“Shelton I ”), and issuing only part of it as an amended opinion. For the reasons that follow, I adhere to the reasoning, expressed in Shelton I, that there is evidentiary relevance to a prosecutor’s purposeful failure to disclose exculpatory evidence and that, in an appropriate case, the defense should be able to introduce that evidence and comment upon it in closing.

I

As Shelton I explained, the foundation for the…