U.S. v. WILLIAMS

Nos. 88-2827, 88-2843.

899 F.2d 898 (1990)

UNITED STATES of America, Plaintiff-Appellant-Cross-Appellee, v. John H. WILLIAMS, Jr., Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Tenth Circuit.

March 20, 1990.


Attorney(s) appearing for the Case

Tony M. Graham, U.S. Atty., N.D. Okl. (Susan K. Morgan and Ron Wallace, Asst. U.S. Attys., with him on the briefs), Tulsa, Okl., for plaintiff-appellant-cross-appellee.

Joel L. Wohlgemuth of Norman, Wohlgemuth & Thompson (John E. Dowdell of Norman, Wohlgemuth & Thompson, James C. Lang and G. Steven Stidham of Sneed, Lang, Adams, Hamilton & Barnett, Tulsa, Okl., with him on the briefs), for defendant-appellee-cross-appellant.

Before McKAY, SEYMOUR, and MOORE, Circuit Judges.


McKAY, Circuit Judge.

In this case, the trial court dismissed, without prejudice, a seven count bank fraud indictment after concluding that the government wrongfully withheld from the grand jury information that was substantially exculpatory. The court held that the government's failure to disclose the exculpatory evidence rendered the grand jury's decision to indict "gravely suspect." The government appeals.

I. FACTS

Defendant John H. Williams,...

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