U.S. v. MARTINEZ

Crim. No. 89-175.

894 F.Supp. 296 (1995)

UNITED STATES of America, Plaintiff, v. Ramon Dionicio MARTINEZ, et al., Defendants.

United States District Court, S.D. Texas, Houston Division.

July 28, 1995.


Attorney(s) appearing for the Case

Charles Lewis, Asst. U.S. Atty., Houston, TX, for plaintiff.

Robert J. Fickman, Houston, TX, for defendants.


OPINION ON STRIKING ALEMAN AS A WITNESS

HUGHES, District Judge.

1. Introduction.

The government has refused to deliver to the defendant a copy of a witness's statement against him. The witness is a co-defendant. Because it is the actual character of the document, rather than its bureaucratic form, that controls the government's duty of disclosure, it must be shown to the defendant. After a brief ex parte examination, the document...

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