United States v. Charles Stafford Jackson and Jarrell Jennings

538 F.2d 95

Opinion

PER CURIAM:

Appellant complains that the court, in denying his Brady claim, overlooked the fact that a Brady request was made at the trial level. Reexamining the trial record we find that a general request for Brady material was made but this in no way changes the standard of materiality to be applied. The Supreme Court has recently equated a general request with no request at all:

[W]e conclude that there is no significant difference between cases in which there has been merely a general request for exculpatory matter and cases, like the one we must now decide, in which there has been no request at all.

United States v. Agurs, - U.S. -, 96 S.Ct. 2392, 2399, 49 L.Ed.2d 342 (1976).

IT IS ORDERED that the petition for rehearing filed in the above entitled and numbered cause be and the same is hereby DENIED.