Alaska Employment Law

A 9th Circuit panel has remanded former state Rep. Peter Kott’s case for further action after the DOJ completes its investigation into prosecutorial misconduct.  The Court stated:

Although it apparently has not concluded its review, the United States has now moved the Court to remand this case to the district court for further proceedings. It reports that “the process has uncovered material that, at this stage, appears to be information that should have been, but was not disclosed to Appellant before trial.” The government has also withdrawn its opposition to Kott’s motion for bail pending appeal.  The government’s motion to remand for further proceedings is GRANTED.  Kott’s motion for bail pending appeal is GRANTED, upon conditions and terms to be set by the district court. We note that the government agrees that defendant should be released on his own recognizance. The remand is a limited one based on the issues raised by the government.  See United States v. Thrasher, 483 F.3d 977, 982 (9th Cir. 2007) (describing scope of limited remand). We remand for the district court to determine: (1) whether the government breached its obligation of full disclosure under Brady and Giglio v. United States, 405 U.S. 150, 154 (1972); (2) if so, whether the defendant was prejudiced by the violation; and (3) if the defendant was prejudiced, what the remedy should be. The district court is, of course, free to follow whatever procedure it deems appropriate and expeditious in its discretion.

We retain jurisdiction over this appeal during the pendency of the limited remand. See Cel-A-Pak v. Cal. Agric. Labor Relations Bd., 680 F.2d 664, 668 (9th Cir. 1982) (noting power to retain appellate jurisdiction while ordering a limited remand). Upon completion of its review of the remanded Brady issue, the district court shall promptly certify its order thereon to this Court. We defer submission of this appeal and stay further proceedings in this Court pending resolution of the proceedings in the district court. All other issues briefed by the parties remain pending.

U. S. v. Kott, 2009 WL _________ (9th Cir. June 10, 2009)