· 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 CourtListenerSourced 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.