⚖ Oral Arguments, with Context

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United States v. American Horse — 9th Cir. (Oct 16, 2026)

No. 25-5736 Argued October 16, 2026 Published October 17, 2026

The Ninth Circuit hears United States versus American Horse. American Horse was prosecuted in Montana on sexual-abuse charges after two girls reported abuse. This appeal concerns the remedy for late disclosure of evidence favorable to the defense. Under Brady, prosecutors must disclose evidence favorable to the accused that is material to guilt or punishment. That includes evidence that can undermine a witness's credibility. A continuance postpones a trial to give more preparation time. The lawyers will debate when that is an adequate remedy, and when prosecutorial misconduct calls for dismissing the indictment instead. Abuse-of-discretion review gives the trial judge latitude to choose among legally permissible remedies.

United States v. American Horse (No. 25-5736) — U.S. Court of Appeals for the Ninth Circuit, argued October 16, 2026.

Sources
Argument audio — official Ninth Circuit recording:https://cdn.ca9.uscourts.gov/datastore/media/2026/10/16/25-5736.mp3
Case and argument date — official court archive:https://www.ca9.uscourts.gov/cases/streams-videos/archive?case=25-5736&hearingDate=2026-10-16
Background — D. Montana CR23-63-GF-BMM, February14,2025 suppression order; confirms the prosecution, not the disclosure ruling at issue here:https://www.govinfo.gov/content/pkg/USCOURTS-mtd-4_23-cr-00063/pdf/USCOURTS-mtd-4_23-cr-00063-0.pdf
Additional prosecution background — U.S. Attorney, April10,2025; government account:https://www.justice.gov/usao-mt/pr/federal-jury-convicts-south-dakota-man-sexually-abusing-two-victims-fort-belknap-indian
Favorable material evidence — Brady v. Maryland, 373U.S.83,87 (1963), primary judicial text:https://supreme.justia.com/cases/federal/us/373/83/
Witness credibility evidence — Giglio v. United States, 405U.S.150,153-154 (1972), primary judicial text:https://supreme.justia.com/cases/federal/us/405/150/
Ninth Circuit disclosure and remedy principles — United States v. Bundy, 968F.3d1019 (2020), pages21-24 and48-51; not this appeal outcome:https://cdn.ca9.uscourts.gov/datastore/opinions/2020/08/06/18-10287.pdf
Ninth Circuit remedy principles — United States v. Chapman, 524F.3d1073 (2008), pages18-22; not this appeal outcome:https://cdn.ca9.uscourts.gov/datastore/opinions/2008/05/06/0610316.pdf

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