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UNITED STATES EX REL. DALE v. WILLIAMS

No. 71-1376.

459 F.2d 763 (1972)

UNITED STATES of America ex rel. Arthur DALE H-5302 v. N. A. WILLIAMS, Superintendent, S. C. I., Huntingdon. Mark Sendrow, Assistant District Attorney, as representative of the Office of the District Attorney of Philadelphia, Appellant.

United States Court of Appeals, Third Circuit.

Decided May 3, 1972.

Attorney(s) appearing for the Case

Mark Sendrow, Asst. Dist. Atty., Philadelphia, Pa., for appellant.

John W. Packel, Chief, Appeals Div., Defender Assoc. of Phila., Philadelphia, Pa., for appellee.

Before BIGGS, VAN DUSEN and ALDISERT, Circuit Judges.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

Giglio v. United States, 405 U.S. 150, 92 S.Ct. 763, 31 L.Ed.2d 104 (February 24, 1972), holds that when the reliability of a witness may be determinative of guilt or innocence the failure of the prosecution to correct false evidence of that witness is an error of due process dimension. This appeal by Pennsylvania from the grant of a writ of habeas corpus based on alleged false...

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