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JONES v. JAGO

Nos. 77-3182 and 77-3183.

575 F.2d 1164 (1978)

Harllel B. JONES, Petitioner-Appellee Cross-Appellant, v. A. R. JAGO, Superintendent, Respondent-Appellant Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided May 3, 1978.

Attorney(s) appearing for the Case

William J. Brown, Atty. Gen. of Ohio, Simon B. Karas, Columbus, Ohio, for petitioner-appellee cross-appellant.

Gary T. Kelder, Syracuse, Gordon S. Friedman, Cleveland, Ohio, Richard Aynes, Akron, Ohio, for respondent-appellant cross-appellee.

Before CELEBREZZE and ENGEL, Circuit Judges and GRAY, Senior District Judge.

ENGEL, Circuit Judge.

This appeal presents an unusual question concerning the applicability of Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963), and United States v. Agurs, 427 U.S. 97, 96 S.Ct. 2392, 49 L.Ed.2d 342 (1976), and whether under those cases an eyewitness statement suppressed by the government can be exculpatory where it makes no reference to the defendant...

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