In a motion to vacate and remand the convictions for failure to comply with the Jencks Act, is the failure of the evidence sufficient to grant a new trial?
MultiRegion, United States of America
The following excerpt is from Sperling v. U.S., 692 F.2d 223 (2nd Cir. 1982):
If the failure to comply with the Jencks Act were a constitutional error--e.g. insufficiency of the evidence--the 1973 convictions would have been reversed outright and a new trial would have been barred on double jeopardy grounds. Here, however, vacating the convictions on the substantive counts and remanding the cases for a new trial was appropriate, see, e.g., Goldberg v. United States, 425 U.S. 94, 111-12 (1976), because there was no constitutional infirmity in those convictions.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a motion for a continuance granted by the trial court on the date of trial on the basis that the trial judge abused his discretion to grant the motion? (MultiRegion, United States of America)
When determining the sufficiency of circumstantial evidence in a murder trial, is the evidence sufficient to convict the accused of the crime? (MultiRegion, United States of America)
In a motion for a new trial, in what circumstances will the US Supreme Court grant a motion to reverse the judgment of the district court and remand for new trial? (MultiRegion, United States of America)
When a motion to dismiss a preliminary injunction has been granted by the Court of Appeal, when the motion is also dismissed by the District Court on the basis of a failure to exhaust tribal remedies, does the motion merge into the final judgment? (MultiRegion, United States of America)
When reviewing the sufficiency of evidentiary support for a conviction for sexual assault, is the evidence sufficient to support the conviction? (MultiRegion, United States of America)
What is the test for a motion to vacate or remand a sentence that would have been vacated or vacated? (MultiRegion, United States of America)
Is sufficient evidence sufficient to overturn the conviction of a man convicted of a sexual assault? (MultiRegion, United States of America)
When will a trial judge override a motion to dismiss a motion that would have allowed evidence of sexual assault to be used in the trial? (MultiRegion, United States of America)
What is the test for a motion to grant a new trial based on newly discovered evidence of trial perjury? (MultiRegion, United States of America)
What is the test for appealability of a motion for a new trial where a federal judge has granted the motion without hearing the motion? (MultiRegion, United States of America)
