Legal Opinion

United States v. Jack Kaplan

Court of Appeals for the Third Circuit

Decided April 11, 1977No. 76-1179PublishedCited by 64 opinions

1Opinion of the Court

OPINION OF THE COURT

WEIS, Circuit Judge.

The prosecution’s obligation to furnish exculpatory material to the defense in a criminal case is firmly established. Not always as clear, however, is the time when that duty must be performed. Recognizing some truth in the adage “better late than never,” we conclude that in this case the production of favorable evidence during trial is not reversible. We reach our conclusion because of the lack of demonstrated prejudice, though we disapprove and discourage a practice of delayed production.

The defendant Kaplan was convicted on seven counts of filing…

2Cases cited16 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. United States v. AgursSupreme Court of the United States · 1976
  3. Weatherford v. BurseySupreme Court of the United States · 1977
  4. Wardius v. OregonSupreme Court of the United States · 1973
  5. Anderson v. United StatesSupreme Court of the United States · 1974

11 more not listed; retrieve them via the Exa API.

3Cited by64 opinions

  1. State v. SmithSupreme Court of Louisiana · 1983
  2. United States v. TarantinoCourt of Appeals for the D.C. Circuit · 1988
  3. United States v. Starusko, JohnCourt of Appeals for the Third Circuit · 1984
  4. United States v. Fred "Freddy Campo" Campagnuolo, John "Jackie Campo" Campagnuolo, and Michael "Mike Douglas" GougulesCourt of Appeals for the Fifth Circuit · 1979
  5. United States v. WechtCourt of Appeals for the Third Circuit · 2007

59 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API