United States First Circuit

A motion for new trial based on the government's failure to disclose new evidence must have support in the form of a showing that the evidence was material and that the defendant suffered prejudice to some degree.

Appellate Information

• Decided 05/11/2001
• Published 05/16/2001

Judges

• BOWNES, Senior Circuit Judge., Before TORRUELLA, Chief Judge, BOWNES, Senior Circuit Judge, and BOUDIN, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• S. Theodore Merritt, Assistant United States Attorney, with whom Donald K. Stern, United States Attorney, Bill Lann Lee, Assistant Attorney General, and William R. Yeomans, Acting Assistant Attorney General, Civil Rights Division, United States Department of Justice, were on brief, for appellant.


• For Appellees:
  
• Willie J. Davis, with whom Frances L. Robinson and Davis, Robinson & White, LLP were on brief, for appellee.