Legal Opinion · Dissent

United States v. Ronald w.jordan

Court of Appeals for the Fourth Circuit

Decided September 5, 1972No. 72-1074Published

1DissentSobeloff, Senior Circuit Judge

While I have serious misgivings as to several matters raised in this appeal, I limit my dissent to a single point — the propriety of the trial court’s denial of the motion for a continuance to enable defense counsel to investigate the background of the previously unidentified witnesses, Carl Milton Watkins and Bennie Lee Williams. I think the trial court’s ruling on this motion was error — constitutional error in fact. The ruling embodied such a high potential for prejudice that a new trial is required.

The majority’s treatment of this issue may be faulted on a number of grounds: not only does…

2Cases cited26 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. Chapman v. CaliforniaSupreme Court of the United States · 1967
  3. Pointer v. TexasSupreme Court of the United States · 1965
  4. Napue v. IllinoisSupreme Court of the United States · 1959
  5. Harrington v. CaliforniaSupreme Court of the United States · 1969

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