DRAPER
v.
POWELL, U. S. DISTRICT JUDGE, ET AL.

U.S. | 1963-12-09
No. 691
375 U.S. 937 Supreme Court of the United States (1963) Positive Treatment
Cited by 1 case

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  • United States v. Robinson, 585 F.2d 274 (7th Cir. 1978)
    …under either the Berry or Larrison rule must establish that the material asserted to be newly discovered could not have been discovered with due diligence before or during trial. United States v. Costello, 255 F. 2d 876, 879 (2d Cir.), cert. denied, 375 U.S. 937, 78 S.Ct. 1385, 2 L.Ed.2d 1551 (1958). As Judge Dimock concluded in United States v. Flynn, 131 F.Supp. 742, 743 (S.D.N.Y.1955), “[Requirement (c) of the Larrison rule, like [*279] so many of the other rules of our law, requires due diligence of him…

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