Kofi Kyei v. Oregon Department of Transport

MEMORANDUM

We have jurisdiction over this appeal pursuant to 28 U.S.C. § 1291 . For the reasons set forth below, we affirm the district court.

1. We review the district court’s decision not to order disclosure to Kofi Kyei of documents reviewed by a witness before testifying for abuse of discretion. United States v. Wong, 886 F.2d 252, 257 (9th Cir.1989). We will not reverse the district court’s evidentiary rulings absent “some prejudice.” S.E.C. v. Jasper, 678 F.3d 1116, 1122 (9th Cir.2012) (internal quotation marks omitted). When a witness reviews notes prior to testifying, the adverse party “is entitled to have the writing produced at the hearing, to inspect it, to cross-examine the witness about it, and to introduce in evidence any portion that relates to the witness’s testimony!,]” “if the court decides that justice requires the party to have those options.” See Fed. R.Evid. 612. In this case, the district court failed to explicitly determine whether “justice requir[ed]” production of Chris Myers’s notes that he reviewed prior to testifying. Although the district court should have made an explicit finding on this point, Kyei has not shown that his inability to review the…