The following excerpt is from U.S. v. Washington, 797 F.2d 1461 (9th Cir. 1986):
In a forthright concession, the government admits that the district judge erred in failing to review the diary in camera and to excise irrelevant material himself. Brief of Appellee at 43. The remedy for this error is to vacate the judgment and remand for an in camera hearing. Ogden v. United States, 303 F.2d 724, 737-38 (9th Cir.1962). If the district court finds the expurgated material not relevant to the subject matter of the witness's testimony, it may enter a new final judgment. If, on the other hand, it finds that relevant material was excised, it must order a new trial unless it determines that substantial rights of the defendant were not affected by the omission. Id. at 737-38.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.