United States v. Sedgwick

REILLY, Chief Judge:

This appeal by the government from a dismissal of an indictment 1 by a trial court in a case where it had previously declared a mistrial presents two substantial constitutional questions. The first is whether the court erred in holding that the prosecution deprived the accused of due process by its failure to disclose to the defense in advance of trial a certain police report (PD-252) under the doctrine of Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963). The second is whether this question is moot, defense counsel contending that even had the trial…