Brief Fact Summary. Defendants in a drug case alleging selective prosecution based on race.
Synopsis of Rule of Law. In a selective-prosecution claim “in order to dispel the presumption that a prosecutor has not violated equal protection, a criminal defendant must present ‘clear evidence to the contrary.’” This standard applies to a motion for discovery from the prosecutor.
The government resists the motion on the basis of Fed. R. Crim. P. 16(a)(2) which exempts from inspection reports, memoranda, or other internal government documents made by the attorney for the government in connection with investigation or prosecution of the case.View Full Point of Law