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Criminal Procedure keyed to Kamisar
United States v. Bagley
Citation:473 U.S. 667, 105 S.Ct. 3375, 87 L.Ed.2d 481 (1985)
Bagley (defendant) was indicted on 15 charges of violating federal narcotics and firearms statutes. He filed a motion requesting from the prosecution names and addresses of witnesses as well as any “deals, promises, or inducements made to witnesses in exchange for their testimony.” The government submitted affidavits from its two principal witnesses regarding their undercover investigation of Bagley. The affidavits stated that they were made freely and without any rewards or promises of rewards. Both witnesses testified at trial and Bagley was convicted.
Following trial, Bagley discovered contracts stating that the two government witnesses provided information about Bagley in exchange for $300 each. Because the contracts were not disclosed in response to his pretrial discovery motion, Bagley moved to vacate his sentence.
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