Case Detail
CitationUnited States v. Burke, 571 F.3d 1048 (10th Cir. 2009)
CrimeDrug crimes
Pros. First NameKenneth
Pros. Last NameMarken
Trial Year2007
BodyAppeals court
OpinionProsecution failed to disclose that its key witness was "testifying pursuant to an 'informal' plea agreement." This "failure to divulge the immunity agreement was compounded by the fact that the prosecutor, Kenneth Marken, even initially affirmatively elicited testimony at trial that there was no such agreement." Nevertheless, the court found that the defendant was not prejudiced by the delay in disclosure because he was able to argue that the witness was biased against him.
Determination Year2009
Misconduct TypeP
C/S EffectNo effect
Pros. Misc. ReportedUKN
Sanction TypeUKN
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