Charles Edward Davis v. Peter J. Pitchess, Sheriff of Los Angeles County

OPINION

Before CHAMBERS and ELY, Circuit Judges, and BALDWIN * Customs and Patent Judge. PER CURIAM:

The District Court originally granted a conditional writ of habeas corpus, having found that Davis had been deprived of a fair trial by the failure of the prosecution to disclose a laboratory report containing potentially exculpatory evidence. After this Court affirmed that decision in an unreported opinion, the State commenced preparation for a retrial. It was then discovered that certain physical evidence which was the subject of the laboratory report and which all had assumed was still in…