green
Positive treatment
Quoted verbatim 3×
8.4 score
“brady clearly does not impose an affirmative duty upon the government to take action to discover information which it does not possess.”
Treatment trajectory · 1977 → 2026 · click a year to view as-of
1977
2001
2026
Top citers, strongest first. 6 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
Campbell v. State
brady clearly does not impose an affirmative duty upon the government to take action to discover information which it does not possess
discussed
Cited as authority (quoted)
Lewis v. United States
brady clearly does not impose an affirmative duty upon the government to take action to discover information which it does not possess.
discussed
Cited "see"
United States v. David Driver
See United States v. Beaver, 524 F.2d 963, 966 (5th Cir.1975) (“Brady clearly does not impose an affirmative duty upon the government to discover information which it does not possess.”), cert. denied, 425 U.S. 905 , 96 S.Ct. 1498 , 47 L.Ed.2d 756 (1976).
discussed
Cited "see, e.g."
State v. Erickson
See also U.S. v. Callahan, 300 F.Supp. 519, 525 (S.D.N.Y.1969). " Brady clearly does not impose an affirmative duty upon the government to take action to discover information which it does not possess." U.S. v. Beaver, 524 F.2d 963, 966 (5th Cir.1975), cert. denied, 425 U.S. 905 , 96 S.Ct. 1498 , 47 L.Ed.2d 756 .
discussed
Cited "see, e.g."
United States v. Raul Luis-Gonzalez, Leonardo Espinosa, Oswaldo Carbonell, Marcelian Torres-Gomez, Jr.
“While Brady requires the government to tender to the defense all exculpatory evidence in its possession, it establishes no obligation on the government to seek out such evidence.” United States v. Walker, 559 F.2d 365, 373 (5th Cir.1977); see also United States v. Beaver, 524 F.2d 963, 966 (5th Cir.1975) (“But Brady clearly does not impose an affirmative duty upon the government to take action to discover information which it does not possess.”), cert. denied, 425 U.S. 905 , 96 S.Ct. 1498 , 47 L.Ed.2d 756 (1976); accord United States v. Atkinson, 512 F.2d 1235, 1239 (4th Cir.1975) (go…
Retrieving the full opinion text from the archive…
Beaver
v.
United States
v.
United States
No. 75-6042.
Supreme Court of the United States.
Mar 29, 1976.
C. A. 5th Cir. Certiorari denied.