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U.S. v. YOUNG

No. 06-5664.

533 F.3d 453 (2008)

UNITED STATES of America, Plaintiff-Appellant, v. Donnell YOUNG, aka Lil Peso, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 18, 2008.

Attorney(s) appearing for the Case

ARGUED: Sunny A.M. Koshy, Assistant United States Attorney, Nashville, Tennessee, for Appellant. Thomas F. Bloom, Nashville, Tennessee, for Appellee. ON BRIEF: Sunny A.M. Koshy, Assistant United States Attorney, Nashville, Tennessee, Elliot Williams, United States Department of Justice, Washington, D.C., for Appellant. Thomas F. Bloom, Nashville, Tennessee, Richard Kammen, Gilroy, Kammen & Hill, Indianapolis, Indiana, for Appellee.

COOK, J., delivered the opinion of the court, in which MILLS, D.J., joined. COLE, J. (pp. 466-72), delivered a separate dissenting opinion.

OPINION

COOK, Circuit Judge.

After voir dire began in Donnell Young's capital murder case, the government located nineteen new witnesses and sought to add those names to the list of more than 100 already provided to the defense. One of the nineteen, a new eyewitness who saw Young leaving the murder scene, came to light through trial preparation interviews of crime-scene bystanders. Another trial preparation...

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