United States v. Darnell R. Kinnard, United States of America v. Mahlon Payne

The court unanimously agrees to affirm the conviction of the appellant Kinnard. Chief Judge Bazelon and Circuit Judge Leventhal agree to reverse the conviction of appellant Payne. The rulings of the trial judge below precluded an inquiry into the general unreliability of addict-informers; restricted defense counsel’s efforts on cross-examination to develop extrinsic evidence concerning the informant’s addiction; and in practical effect, foreclosed a request from defense counsel for a special instruction on the credibility of addict-in*568formers. In view of the fact that the informant’s testimony…