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.