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DAVIS v. PITCHESS

No. 74-1809.

518 F.2d 141 (1974)

Charles Edward DAVIS, Petitioner, Appellee, v. Peter J. PITCHESS, Sheriff of Los Angeles County, Respondent, Appellant.

United States Court of Appeals, Ninth Circuit.

December 9, 1974.

Attorney(s) appearing for the Case

Shunji Asari, Deputy Atty. Gen. (argued), Los Angeles, Cal., for respondent, appellant.

Richard Wasserstrom (argued), Santa Monica, Cal., for petitioner, appellee.

Before CHAMBERS and ELY, Circuit Judges, and BALDWIN Customs and Patent Judge.

OPINION

PER CURIAM:

The District Court originally granted a conditional writ of habeas corpus, having found that Davis had been deprived of a fair trial by the failure of the prosecution to disclose a laboratory report containing potentially exculpatory evidence. After this Court affirmed that decision in an unreported opinion, the State commenced preparation for a retrial. It was then discovered that certain physical evidence which was the subject of the...

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