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· 2/27/1946

Protest 115870-K of Oldetyme Distillers, Inc.

Citations

  • 16 Cust. Ct. 231

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • explaining that “actual possession refers to material in possession of the prosecu- tion itself, while constructive possession extends to material that is in the possession of others acting on the government’s behalf, * * * including the police”
  • explaining that “actual possession refers to material in possession of the prosecu- tion itself, while constructive possession extends to material that is in the possession of others acting on the government’s behalf, * * * including the police”
  • evidence is favorable if it is “directly excul- patory or could be used to impeach a government witness”
  • evidence is favorable if it is “directly excul- patory or could be used to impeach a government witness”
  • “We have found no authority for the proposition that Brady requires the prosecution to seek out or disclose evidence in the pos- session of private persons or institutions, * * * that cannot be considered part of the prosecutorial ‘team’. ”

Source: CourtListener parenthetical corpus (CC0).

Judges: Ekwall

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.