Legal Opinion · Dissent

United States v. Robert Meinster A/K/A Robbie, United States of America v. Robert Platshorn (A/k/a Bob Auction, A/K/A Bob Knapp, A/K/A Bob Elliott)

Court of Appeals for the Fourth Circuit

Decided April 18, 1980No. 79-5025, 79-5026Published

1DissentMurnaghan, Circuit Judge

With the conclusion that the evidence sufficed to sustain the convictions on charges of importing marijuana as aiders and abettors, I am in full accord. Regrettably, however, in my judgment, the conduct of the government did not satisfy the high standards which must be maintained if due process is to be assured and as a consequence, appellants were denied the fair trial to which they were entitled.

Giglio v. United States, 405 U.S. 150, 92 S.Ct. 763, 31 L.Ed.2d 104 (1972); Napue v. Illinois, 360 U.S. 264, 79 S.Ct. 1173, 3 L.Ed.2d 1217 (1959); and Mooney v. Holo-han, 294 U.S. 103, 55 S.Ct. 340,…

2Cases cited13 opinions

  1. Chapman v. CaliforniaSupreme Court of the United States · 1967
  2. Giglio v. United StatesSupreme Court of the United States · 1972
  3. Napue v. IllinoisSupreme Court of the United States · 1959
  4. Mooney v. HolohanSupreme Court of the United States · 1935
  5. United States v. Anthony Antone, Manuel Gispert, Larry Neil Miller, Frank Diecidue, A/K/A "The Under Boss," Frank Boni, Jr., and Homer Rex DavisCourt of Appeals for the Fifth Circuit · 1979

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