United States v. Thomas Francis King, (Two Cases)

SPOTTSWOOD W. ROBINSON, III, Circuit Judge:

These appeals feature a dispute within one of the areas we recently explored in Coleman v. Burnett: 1 the right of the accused at a federal preliminary hearing to examine a witness whose testimony is potentially material to the issue of probable cause to bind the accused over for further prosecution. Asserting a denial of that right, appellant unsuccessfully sought from the District Court an order directing a post-indictment reopening of his preliminary hearing, which culminated in an affirmative determination of probable cause. We find that there…