Vance v. Allen v. United States

LEVENTHAL, Circuit Judge:

Following a jury conviction, appellant was given concurrent sentences of one to three years for unauthorized use of a motor vehicle, and six months for simple assault. Both sentences were suspended, and appellant was placed on probation for three years. We hold the cause must be remanded for the trial judge to consider whether prejudice resulted from the denial to appellant’s counsel of access to the grand jury testimony of the arresting police officer, Vincent Tassa, Jr.

The Government’s case rested heavily on Tassa’s testimony. Apart from witnesses who established…