SURITA

v.

LAVALLEE, WARDEN

Citator

Cited By

• United States v. Harris, 458 F.2d 670 (5th Cir. 1972)
  …the Jencks Act might in some circumstances be in substantive conflict on the general issue of the production of government evidence. See Government of the Virgin Islands v. Lovell, 3 Cir. 1969, 410 F. 2d 307 (Freedman, J., dissenting), cert. denied, 396 U.S. 964, 90 S.Ct. 440, 24 L.Ed.2d 428; see also United States v. Polisi, 2 Cir. 1969, 416 F. 2d 573, where the Second Circuit, on a motion for a new trial on the basis of newly discovered evidence, concluded that there had been substantial prejudice to the…
• United States v. Smaldone, 484 F.2d 311 (10th Cir. 1973)
  …s of Merkowitz which were furnished to the defense, we fail to perceive prejudice. See Rosenberg v. United States, 360 U.S. 367, 79 S.Ct. 1231, 3 L.Ed.2d 1304 (1959). Cf. Government of Virgin Islands v. Lovell, 410 F. 2d 307 (3d Cir.), cert, denied, 396 U.S. 964, 90 S.Ct. 440, 24 L.Ed.2d 428 (1969). II. REFUSAL TO ALLOW DEFENDANT TO ELICIT THE ADDRESS OF NOCENTI The witness in question was a paid government informant. As one would expect, the defendant was allowed to cross-examine him regarding his relat…
• United States v. Walden, 578 F.2d 966 (3d Cir. 1978)
  …ee United States v. Judon, supra, 567 F. 2d at 1294-95; United States v. Johnson, supra, 521 F. 2d at 1320; Government of the Virgin Islands v. Lovell, 378 F. 2d 799, 805-806 (3d Cir. 1967), aff’d after remand, 410 F. 2d 307 (3d Cir.), cert. denied, 396 U.S. 964, 90 S.Ct. 440, 24 L.Ed.2d 428 (1969). If the non-disclosure was error and was not harmless, the court should indicate this finding in the record so that this court may appropriately act on this appeal after the case is returned to us. Appellant h…