Shelton v. United States

ORDER

On consideration of appellee’s petition for rehearing or rehearing en banc, and the opposition thereto, it is

ORDERED by the merits division * that the petition for rehearing is granted, the opinion of the court (reported at 983 A.2d 363) is vacated, and the amended opinion, which omits the discussion of “admission by conduct”, and which is appended to this order, is substituted therefor. A majority of the division concludes as follows:

1. Whether proof of the prosecutor’s Brady violation at appellant’s first trial should have been received in evidence as an “admission by conduct”, i.e.,…