Legal Opinion

Roth Ex Rel. Bower v. United States Department of Justice

Court of Appeals for the D.C. Circuit

Decided June 28, 2011No. 09-5428PublishedCited by 383 opinions

1Opinion of the Court

Opinion for the Court filed by Circuit Judge TATEL.

Opinion concurring in part and dissenting in part filed by Circuit Judge KAVANAUGH.

TATEL, Circuit Judge:

In this Freedom of Information Act case, a Texas death-row inmate seeks information from the Federal Bureau of Investigation that he alleges might corroborate his claim that four other men actually committed the quadruple homicide for which he was convicted. The FBI provided a so-called Glomar response, neither confirming nor denying whether it has records regarding three of the four men (the fourth has died). The FBI defends this response…

2Cases cited39 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Brady v. MarylandSupreme Court of the United States · 1963
  3. Kyles v. WhitleySupreme Court of the United States · 1995
  4. United States Department of Justice v. Reporters Committee for Freedom of the PressSupreme Court of the United States · 1989
  5. Robert G. Vaughn v. Bernard Rosen, Executive Director, United States Civil Service CommissionCourt of Appeals for the D.C. Circuit · 1973

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3Cited by383 opinions

  1. Citizens for Responsibility & Ethics in Washington v. United States Department of JusticeCourt of Appeals for the D.C. Circuit · 2014
  2. Aron Dibacco v. United States ArmyCourt of Appeals for the D.C. Circuit · 2015
  3. American Civil Liberties Union v. Central Intelligence AgencyCourt of Appeals for the D.C. Circuit · 2013
  4. Hodge v. Federal Bureau of InvestigationCourt of Appeals for the D.C. Circuit · 2013
  5. National Security Counselors v. Central Intelligence AgencyDistrict Court, District of Columbia · 2012

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