Order Unsealing Opinion Granting New Trial Based on Judge’s Sexting Relationship With One of the Prosecutors
From Judge Marco Hernandez’s decision posted yesterday in U.S. v. Hernandez-Zamora (D. Alaska); for the order granting a new trial, see this other post:
On July 19, 2024, Defendant filed a motion for either dismissal of the indictment or a new trial based on misconduct by former U.S. District Court Judge Joshua Kindred and a senior Assistant United States Attorney (“AUSA 1”). Prior to filing a response to Defendant’s motion, the Government sought a protective order concerning confidential material it planned to disclose to defense counsel. The Court granted the motion for a protective order, and all materials that were subject to the protective order were filed under seal, including the response and reply briefs related to the motion for a new trial.
The Court ultimately granted Defendant’s motion for a new trial, finding that the relationship between Judge Kindred and AUSA 1 created an appearance of impropriety in violation of 28 U.S.C. § 455. The Court’s opinion, which referenced the sealed materials, was also filed under seal.
Now, Defendant … asks that the Court unseal and remove redactions from these court filings, arguing that they contain important information about judicial and prosecutorial misconduct in this case. The Government opposes Defendant’s motion….
“Historically, courts have recognized a ‘general right to inspect and copy public records and documents, including judicial records and documents.'” There is a “strong presumption in favor of
Article from Reason.com
The Reason Magazine website is a go-to destination for libertarians seeking cogent analysis, investigative reporting, and thought-provoking commentary. Championing the principles of individual freedom, limited government, and free markets, the site offers a diverse range of articles, videos, and podcasts that challenge conventional wisdom and advocate for libertarian solutions. Whether you’re interested in politics, culture, or technology, Reason provides a unique lens that prioritizes liberty and rational discourse. It’s an essential resource for those who value critical thinking and nuanced debate in the pursuit of a freer society.
