(DOWNLOAD) "David Lee Hill v. United States America" by United States Court of Appeals for the Ninth Circuit # Book PDF Kindle ePub Free
eBook details
- Title: David Lee Hill v. United States America
- Author : United States Court of Appeals for the Ninth Circuit
- Release Date : January 22, 1968
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
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We are satisfied that the evidence was sufficient to support appellant's conviction under 18 U.S.C. ร§ 2113 (a) and (d). We
are also satisfied that the pretrial identification of appellant by means of photographs was not so suggestive or conducive
to misidentification that the eye-witness identifications of appellant at trial (to which appellant did not object) should
have been stricken under the standards established in Simmons v. United States, 390 U.S. 377, 383-384, 88 S. Ct. 967, 19
L. Ed. 2d 1247 (1968). We conclude, however, that a remand is required to permit the district court to determine whether the government had in its
possession any "statement" with respect to the witness Thomas which was producible under the Jencks Act, 18 U.S.C. ร§ 3500.
Appellant's counsel sought to inquire whether the government had "any notations that the officers made of any conversations
which they had with this witness" prior to trial. The court foreclosed the inquiry on the ground that such notes would not
be producible under the Act unless the witness had signed or otherwise adopted or approved them. This was error, for the Act
also provides for the production of any recording of "a substantially verbatim recital of an oral statement made by said witness
to an agent of the Government and recorded contemporaneously with the making of such oral statement." 18 U.S.C. ร§ 3500 (e)
(2). A hearing is therefore required to determine whether such a record existed, and if so, whether failure to produce it
requires that appellant be given a new trial. Ogden v. United States, 303 F.2d 724, 736-738 (9th Cir. 1962).