Law School Case Brief
United States v. Sacasas - 381 F.2d 451 (2d Cir. 1967)
After a witness called by the United States has testified on direct examination, the court shall, on motion of the defendant, order the United States to produce any statement (as hereinafter defined) of the witness in the possession of the United States which relates to the subject matter as to which the witness has testified. If the entire contents of any such statement relate to the subject matter of the testimony of the witness, the court shall order it to be delivered directly to the defendant for his examination and use.
Defendant was convicted of conspiring to rob a bank, bank robbery, bank larceny, and assault with deadly weapons in connection with a bank robbery. At his trial, Defendant was positively identified by several persons in open court; in light of such overwhelming evidence that Defendant aided and abetted the two bank robbers in their successful getaway. Defendant appealed the order of conviction.
Did the district court err when it denied defendant's request to examine the Jencks Act?
The appellate court held that the trial court was well within its discretion in refusing defendant's untimely request to examine the Jencks Act material of various government witnesses. Thus, the judgment of conviction against defendant for various offenses pertaining a bank robbery was proper.
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