Eighth Circuit: United States v. Randall Robinson

Brady, FRE

Brady material no sufficiently dispositive to be material.

No error in admission of previous conviction.

Where there are multiple superseding indictments, a count dropped from an earlier indictment can be tried later where the superseding indictment is based on a new set of facts.

No abuse of discretion in declining to recuse where an attorney who formerly represented the deft is hired by the judge as a clerk.

Sufficient evidence for false statements count.

Standard of review for vindictive prosc is de novo on law, clear error for facts.

Jury deadlocked, so no vindictive prosc.

Dissent - Brady impeachment evidence was material; error to include subsequent letter in record re: the recusal.

http://media.ca8.uscourts.gov/opndir/16/01/143503P.pdf