JACKSONVILLE TERMINAL CO.
v.
HODGE, ADMINISTRATRIX

U.S. | 1970-11-09
No. 571
400 U.S. 904 Supreme Court of the United States (1970) Positive Treatment
Cited by 1 case

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  • United States v. Mele, 462 F.2d 918 (2d Cir. 1972)
    …ed not grant a motion for [*924] new trial under Rule 33 unless the newly discovered evidence will probably result in a different verdict or sentence for the defendant. See, e. g., United States v. Cousins, 429 F. 2d 1271 (9 Cir. 1970), cert. denied 400 U.S. 904, 91 S.Ct. 143, 27 L.Ed.2d 141 (1970). Due process requires, however, that a different rule be applied when prosecutorial suppression has caused the evidence not to be presented at trial. At least where the suppression is deliberate, the defendants n…

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