Opinion

United States v. Ernest Ralph Poole

  • 379 F.2d 645
Court
Court of Appeals for the Seventh Circuit
Filed
Jul 6, 1967
Status
Published
Author
Knoch
On the bench
Knoch, Enoch, Kiley, Cummings
Cited by
41 cases

evidence of medical report would have gone to credibility of material witness had it been disclosed and therefore it was prejudicial error to withhold it

How later courts described this case

  • evidence of medical report would have gone to credibility of material witness had it been disclosed and therefore it was prejudicial error to withhold it
  • prosecutor argued that testimony stood “uncontradicted”

Written by the judges who cited it.

The opinion

KNOCH, Circuit Judge

(dissenting).

I would affirm the conviction. When he failed to locate a “Dr. Green”, I would expect defense counsel to address inquiries to the government.

If we are not prepared to say that the government counsel’s conduct (in failing voluntarily to disclose the correct name of the examining physician) violated the standards of due process, then I think we should not reach the same practical result through the exercise of our supervisory power. Nor in my opinion, can we presume, as the majority opinion in effect does, that the testimony of the examining physician would have been helpful to-the defense.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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