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Clancy v. United States, 365 U.S. 312 (1961)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Clancy v. United States, 365 U.S. 312 (1961)
Clancy v. United States No. 88 Argued January 10, 1961 Decided February 27, 1961 365 U.S. 312
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE SEVENTH CIRCUIT
Syllabus
At the trial in a Federal District Court at which petitioners were convicted of violating federal criminal statutes, government witnesses testified to conversations with certain of the petitioners and admitted that they subsequently prepared memoranda of such conversations. Counsel for petitioners moved under the Jencks Act, 28 U.S.C. § 3500, for production of such memoranda, and the motions were denied. Before this Court, the Government alleged that, despite denial of the motion for production, verbatim copies of these memoranda were in fact delivered to counsel for petitioners, although the record did not show it and counsel for petitioners denied it; and the Government contended that the case should merely be remanded to the District Court to determine whether this was so.
Held: at least as to some of the statements, reversible error was committed, and petitioners are entitled to a new trial. Pp. 313-316.
(a) Such memoranda were "statements" within the meaning of the Act. Pp. 313-315.
(b) This Court deals with the record as it finds it. Since the production of at least some of the statements withheld was a right of the defendants, it is for the defense, not the District Court or this Court, to determine whether they could be utilized effectively, and petitioners are entitled to a new trial. Pp. 315-316. .,
276 F.2d 617 reversed.
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Chicago: U.S. Supreme Court, "Syllabus," Clancy v. United States, 365 U.S. 312 (1961) in 365 U.S. 312 365 U.S. 313. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=V8D64LL6MXCXFYX.
MLA: U.S. Supreme Court. "Syllabus." Clancy v. United States, 365 U.S. 312 (1961), in 365 U.S. 312, page 365 U.S. 313. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=V8D64LL6MXCXFYX.
Harvard: U.S. Supreme Court, 'Syllabus' in Clancy v. United States, 365 U.S. 312 (1961). cited in 1961, 365 U.S. 312, pp.365 U.S. 313. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=V8D64LL6MXCXFYX.
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