Legal Opinion

United States v. Thomas Wilson and John MacGregor

Court of Appeals for the Third Circuit

Decided June 18, 1979No. 78-1829, 78-1867, 79-1014 and 79-1015PublishedCited by 28 opinions

1Opinion of the Court

OPINION OF THE COURT

WEIS, Circuit Judge.

In this criminal case, the defendants’ request for a deposition of a potentially crucial witness in a foreign country was denied primarily because he was a fugitive. We conclude that fact does not make the witness incompetent to testify and should be considered only in assessing the weight of the testimony. The denial of the deposition combined with the trial judge’s misgivings about the credibility of an essential prosecution witness convince us that the convictions should be vacated and a new trial granted to the defendants.

Defendants were convicted…

2Cases cited12 opinions

  1. Washington v. TexasSupreme Court of the United States · 1967
  2. United States v. JohnsonSupreme Court of the United States · 1943
  3. United States v. Roy B. Kelly, Cecil v. Hagen and Milton J. ShuckCourt of Appeals for the Second Circuit · 1965
  4. Rosen v. United StatesSupreme Court of the United States · 1918
  5. United States v. MurrayCourt of Appeals for the Ninth Circuit · 1973

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3Cited by28 opinions

  1. United States v. Leigh Raymond TamuraCourt of Appeals for the Ninth Circuit · 1982
  2. UNITED STATES of America, Appellee, v. Michele SINDONA, Defendant-AppellantCourt of Appeals for the Second Circuit · 1980
  3. United States v. Ismaili, Lakbir Moulay. Appeal of Lakbir Moulay IsmailiCourt of Appeals for the Third Circuit · 1987
  4. United States v. Christopher P. DrogoulCourt of Appeals for the Eleventh Circuit · 1993
  5. United States v. John C. KelleyCourt of Appeals for the D.C. Circuit · 1994

23 more not listed; retrieve them via the Exa API.

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