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UNITED STATES of America, Plaintiff-Appellee,
v.
Charles Stafford JACKSON and Jarrell Jennings, Defendants-Appellants
v.
Charles Stafford JACKSON and Jarrell Jennings, Defendants-Appellants
75-3135.
Court of Appeals for the Fifth Circuit.
Sep 7, 1976.
538 F.2d 95
Emmett Colvin, Dallas, Tex., for defendants-appellants., Frank D. McCown, U. S. Atty., Ft. Worth, Tex., William F. Sanderson, Jr., Asst. U. S. Atty., Dallas, Tex., for plaintiffappellee.
Dyer, Clark, Gee.
Cited by 3 opinions | Published
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.