USA v. W.R. GRACE
The Ninth Circuit Court of Appeals today released an en banc opinion in USA v. W.R. GRACE, No. 06-30192, a criminal appeal. The panel consisted of Alex Kozinski, Chief Judge, Harry Pregerson, Stephen Reinhardt, Andrew J. Kleinfeld, Michael Daly Hawkins, Susan P. Graber, M. Margaret McKeown, Kim McLane Wardlaw, Raymond C. Fisher, Carlos T. Bea and Milan D. Smith, Jr., Circuit Judges.
FISHER, Circuit Judge:
We granted en banc review of this appeal by the government, brought pursuant to 18 U.S.C. ยง 3731, to resolve two questions. First, does a United States Attorney’s simple certi. . .
HAWKINS, Circuit Judge, with whom PREGERSON and WARDLAW, Circuit Judges, join, concurring as to Part III, and concurring in the judgment:
We face two closely related issues, both dealing with the ability of district judges to manage complex criminal trials. One is whether a district judge may order the government to provide a final witness list prior to the beginning of trial. This one the Opinion gets absolutely right, holding that the interests of trial continuity outweigh any interest in withholding . . .