Case Explained: United States of America Plaintiff— v. Derrick Long Defendant—

Court: United States Court of Appeals for the Fifth Circuit Filed: 2026-06-23 The Fifth Circuit affirmed the district court’s denial of Derrick Long’s motion for a new trial, rejecting his claim that the Government violated *Brady v. Maryland* by failing to disclose evidence that its confidential informant, Jerome White, had provided false testimony in a separate federal case. The court applied the plain-error standard of review because the *Brady* claim was raised for the first time on appeal, requiring Long to demonstrate an error that is clear or obvious and affects his substantial rights. Under this standard, evidence is material only if there is a reasonable probability that its disclosure would have undermined confidence in the trial’s outcome. The court held that while the undisclosed “Manning evidence” was not merely cumulative of other impeachment evidence regarding White’s credibility, it was not material because White’s testimony was strongly corroborated by independent evidence, including testimony from co-defendants, law enforcement agents, wiretap recordings, and video surveillance showing Long at the scene. Consequently, the court found no reasonable probability that the verdict would have been different had the evidence been disclosed, resulting in the affirmation of Long’s conviction and sentence. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.