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· 12/21/1978

United States ex rel. Petrofsky v. Van Cott, Bagley, Cornwall, McCarthy

Citations

  • 588 F.2d 1327
  • 26 Fed. R. Serv. 2d 1098

How courts have described this case

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

  • noting that a jury is “the appropriate arbiter of the truth”— that is, “the body best suited for sifting falsehoods from facts.”
  • finding no bad faith on the part of the AUSA where the FBI case agent caused the delay in producing discoverable reports
  • affirming denial of motion to dismiss on grounds of prosecutorial misconduct because the government’s failure to timely comply with a discovery order was mere “negligence” rather than “bad faith or other willful misconduct”
  • defendants failed to show prejudice where they received reports, used them in their defense, and failed to seek a continuance
  • “[I]t is within the district court’s reasoned discretion as to what weight to assign each factor.”
  • \Simply because there exist[s] inconsistencies between [a witness's] grand jury and trial testimony does not warrant the inference that the government knowingly introduced perjurious testimony.\

Source: CourtListener parenthetical corpus (CC0).

Judges: Logan

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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.