UNITED STATES OF AMERICA
v.
ALBERT R. AVELLA, APPELLANT IN NO. 16832, JOHN EDWARD GALLUCCI, APPELLANT IN NO. 16833, ROBERT TOSCANI, APPELLANT IN NO. 16834
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The court held that judgments of conviction were properly entered and that the discovery rules and mistrial claims did not warrant a new trial.
Appellants appealed judgments of conviction. They argued that discovery rules were violated and that certain prosecutorial comments and actions warran…
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PER CURIAM:
We are satisfied that the judgments of conviction on these appeals were properly entered.
Brady v. State of Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963) does not authorize a defendant to obtain complete discovery of whatever records the government may have without any indication that they contain anything favorable to him which has been withheld. See North American Rockwell Corporation v. N.L.R.B., 389 F. 2d 866, 873-874 (10 Cir. 1968).
The motion by the appellants to suppress the evidence was properly denied under the detailed circumstances which were presented to the court. United States v. Konigsberg, 336 F. 2d 844, 847-848 (3 Cir. 1964).
Comments made by the government counsel, some of which were unobjected to, were not such as to require a new trial. The objection to the wheeling in of the sequestered material during the course of the trial by the court officials and the effort to have this declared ground for mistrial is frivolous.
The judgments will be affirmed.
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Citator
Cited By
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Johnson Kenneth Evans v. Janing, 489 F.2d 470 (8th Cir. 1973)
Authorities Cited
- Brady v. Maryland, 373 U.S. 83 (U.S. 1963)
- United States v. Harold Konigsberg (Appellant in 14563), 336 F.2d 844 (3d Cir. 1964)
- N. Am. Rockwell Corp. v. Nat'l Labor Relations Bd., 389 F.2d 866 (10th Cir. 1968)