In U.S. v. Graham, 2008 WL 2098044 (S.D.Ohio May 16, 2008), the Court granted defendants' motion to dismiss a criminal indictment on the grounds that their rights under the Speedy Trial Act were violated due to the prosecutor's delay in producing electronic discovery.  The court noted that the case was particularly complex due to an "unprecedented volume of discovery turned over by the government - approximately 1.5 million documents, 300 videotapes, 500 recorded conversations, 90 hard drives of computers, and 3,000 diskettes."

The Court held that in a matter of this complexity and magnitude, the government could not remain inert in the face of large volumes of unsorted discovery materials.  Nor could the government be permitted to refuse to share databases and search engines with defense counsel.  "The taxpayers should not be required to fund two separate means for managing and searching electronically recordable data - one for the government and one for the defense." The court also noted that the government should have produced electronic information in a virus-free, non-corrupt format.