U.S. v. PETERS

Crim. No. 90-00086 ACK.

792 F.Supp. 701 (1992)

UNITED STATES of America, Plaintiff, v. Bruce Wayne PETERS, Defendant.

United States District Court, D. Hawaii.

February 6, 1992.


Attorney(s) appearing for the Case

Rustam A. Barbee, Asst. Federal Public Defender, Honolulu, Hawaii, for defendant.

Marshall H. Silverberg, Asst. U.S. Atty., Honolulu, Hawaii, for plaintiff.


ORDER OF NEW TRIAL

SPENCER WILLIAMS, District Judge.

During the criminal trial of Defendant for assault on a federal officer, this Court refused to permit a surprise expert witness to testify on behalf of the Defendant because defense counsel (the Federal Public Defender) had failed to disclose the witness in a timely manner. In fact, defense counsel only disclosed the surprise witness when ordered by the Court to do so.

Defense counsel had full...

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