# United States v. Ernest Ralph Poole

> Court of Appeals for the Seventh Circuit · July 6, 1967 · 379 F.2d 645

URL: https://www.frixlaw.com/law-library/cases/9452840

## Case

- **Full name:** UNITED STATES of America, Plaintiff-Appellee, v. Ernest Ralph POOLE, Defendant-Appellant
- **Court:** Court of Appeals for the Seventh Circuit
- **Decided:** July 6, 1967
- **Citations:** 379 F.2d 645
- **Precedential status:** Published
- **Opinion:** Dissent by Knoch
- **Judges:** Knoch, Enoch, Kiley, Cummings
- **Cited by:** 41 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9452840

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9452840. Public record. Not legal advice.