Legal Opinion

John Robert Lee v. United States

Court of Appeals for the Ninth Circuit

Decided January 26, 1968No. 21469_1PublishedCited by 28 opinions

1Opinion of the Court

MERRILL, Circuit Judge.

Appellant was convicted of bank robbery and has taken this appeal from judgment. The sole question presented is whether the District Court erred in denying motion for new trial sought by appellant upon the ground that the Government deliberately concealed evidence which might clearly have operated in his favor.

If there had been such concealment appellant’s right to due process had been violated and he was entitled to new trial. Brady v. State of Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963); Thomas v. United States, 343 F.2d 49 (9th Cir. 1965).

Upon trial…

2Cases cited4 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. Giles v. MarylandSupreme Court of the United States · 1967
  3. United States of America Ex Rel. Thomas Meers, Relator-Appellee v. Walter H. Wilkins, Warden of Attica State Prison, Attica, New YorkCourt of Appeals for the Second Circuit · 1964
  4. William Thomas v. United StatesCourt of Appeals for the Ninth Circuit · 1965

3Cited by28 opinions

  1. United States v. BaxterCourt of Appeals for the Ninth Circuit · 1973
  2. State v. BurriWashington Supreme Court · 1976
  3. United States v. Michael Edward KennedyCourt of Appeals for the Ninth Circuit · 1989
  4. State v. GillespieDistrict Court of Appeal of Florida · 1969
  5. State v. CraigMontana Supreme Court · 1976

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