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Legal Opinion

United States v. Richard Kelly

Court of Appeals for the D.C. Circuit

Decided May 9, 1986No. 85-5974PublishedCited by 84 opinions

1Opinion of the Court

Opinion for the Court filed by Circuit Judge WALD.

WALD, Circuit Judge:

Abscam defendant and former Congressman Richard Kelly appeals from the District Court’s denial of his motion for a new trial based on newly-discovered evidence in the form of several affidavits by an FBI informant, James Davenport. Davenport's affidavits state that, in late July or August of 1980, he posed as a disgruntled former FBI agent, visited Congressman Kelly’s office, discussed defense strategy with Kelly and his lawyer, and stole some documents relating to their trial strategy. We find that the District Court’s…

2Cases cited37 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Brady v. MarylandSupreme Court of the United States · 1963
  3. Chapman v. CaliforniaSupreme Court of the United States · 1967
  4. United States v. BagleySupreme Court of the United States · 1985
  5. United States v. AgursSupreme Court of the United States · 1976

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3Cited by84 opinions

  1. United States v. TarantinoCourt of Appeals for the D.C. Circuit · 1988
  2. State v. JohnstonOhio Supreme Court · 1988
  3. United States v. Lam Kwong-Wah, United States of America v. Lam Kwong-Wah, United States of America v. Lam Kwong-WahCourt of Appeals for the D.C. Circuit · 1991
  4. United States v. Gerald D. CastorCourt of Appeals for the Seventh Circuit · 1991
  5. United States v. James Douglas, Martin L. Pruitt, Leon MasonCourt of Appeals for the Seventh Circuit · 1989

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