United States v. David Rico

I concur in the memorandum disposition. I would add that I do not construe our disposition as a flat ruling that defense counsel may never issue a narrow subpoena to an attorney regarding what occurred at a conference between the attorney’s client and the prosecuting authority, as it may well be critical to whether there has been a violation of Brady or Napue. Whether defense counsel is always required to rely only on the notes taken by persons on the prosecution’s side is a question that should be decided, if at all, in a case with a fuller record. There are of course some exceptions to the…