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· 5/18/1984

Robert Morgan v. Dominick Salamack, Edgecomb Correctional Facility, and Robert Abrams, Attorney General for the State of New York

Citations

  • 735 F.2d 354
  • 1984 U.S. App. LEXIS 22346

How courts have described this case

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

  • holding that the government is not required to disclose evidence it does not possess or of which it is not aware
  • “[Existing case law clearly reflects that the touchstone of the inquiry ... is principally.whether the prosecutor’s office ‘possessed’ the information in question at the time of the trial.”
  • “Clearly the government cannot be required to produce that which it does not control and it never possessed or inspected.” (citation omitted)
  • no obligation to seek out impeachment evidence for prosecution witness when evidence is not probative of defendant’s innocence, not in prosecutor’s file and not in possession of prosecutor’s office

Source: CourtListener parenthetical corpus (CC0).

Judges: Feinberg, Oakes, Pollack

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.